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Full text of "International law documents : 1946-1947"

U. S. NAVAL WAR COLLEGE 



Documents 
1946-47 



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NAVAL WAR C'OLU 
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NAVAL WAR COLLEGE 
NEWPORT, RHODE ISLAND 



INTERNATIONAL LAW 
DOCUMENTS 



1946-1947 

Volume XLV 



$ 



UNITED STATES 

GOVERNMENT PRINTING OFFICE 

WASHINGTON : 1948 



For sale by the Superintendent of Documents, U. S. Government Printing Office 
Washington 25, D. C. - Price $1.75 



PREFACE 

The publication of this series of volumes, under 
varying titles, was instituted by the Naval War 
College in 1894. This is the forty-fifth volume in 
the series as numbered for index purposes (the num- 
bering does not cover the volumes for 1894, 1895, 
1896, 1897, 1899 and 1900, the additional volume 
published in 1904, or the four index volumes for 
1901-1910, 1901-1920, 1904-1930 and 1931-1940). 
The immediately preceding volume, "International 
Law Documents 1944-1945," was published in 1946. 
The volume for 1895 was a pioneer in the case method 
of solving International Law questions. 

As in previous years, this volume has been pre- 
pared in collaboration with the Associate for Inter- 
national Law of the Naval War College, now Judge 
Manley O. Hudson, Bemis Professor of Interna- 
tional Law in the Harvard Law School. 

The transition from war to peace which is now 
under way has already been the occasion for numer- 
ous readjustments affecting International Law. No- 
where is this more evident than in the field of inter- 
national legislation, where the significance of the 
current movement has been enhanced by the more 
active participation of the United States in inter- 
national organization. Naturally, the Naval War 
College is alive to such developments, and the docu- 
ments included in this volume, many of which sup- 
plied the background for its discussions in 1947, 
reveal the range of some of the extensions recently 

effected. 

m 



IV 



Perhaps a prophetic utterance by W. E. Hall in 
1889 (in the preface to the third edition of his 
Treatise on International Law) may serve as a 
harbinger of the period through which the world 
is now passing. "It is a matter of experience," 
said Hall, "that times, in which International Law 
has been seriously disregarded, have been followed 
by periods in which the European conscience has 
done penance by putting itself under straiter obliga- 
tions than those which it before acknowledged. 
There is no reason to suppose that things will be 
otherwise in the future. I therefore look forward 
with much misgiving to the manner in which the 
next great war will be waged, but with no misgiving 
at all as to the character of the rules which will be 
acknowledged ten years after its termination, by 
comparison with the rules now considered to exist." 

Raymond A. Spruance, 
Admiral, United States Navy, 

President, Naval War College. 

Newport, 1 November 1947. 



TABLE OF CONTENTS 

I. The Treaties of Peace of 1947 

Page 

(1) Treaty of Peace between the Allied and Associated Powers and 

Italy, Paris, 10 February 1947 1 

(2) Treaty of Peace between the Allied and Associated Powers and 

Bulgaria, Paris, 10 February 1947 _ ... 105 

(3) Treaty of Peace between the Allied and Associated Powers and 

Hungary, Paris, 10 February 1947 _ 115 

(4) Treaty of Peace between the Allied and Associated Powers and 

Roumania, Paris, 10 February 1947 126 

(5) Treaty of Peace between the Allied and Associated Powers and 

Finland, Paris, 10 February 1947 _. 131 

II. The Pacific Area 
The Japanese Surrender 

(6) Instrument of Surrender, Tokyo Bay, 2 September 1945 139 

(7) Proclamation by the Emperor of Japan 141 

The Far Eastern Commission 

(8) Terms of Reference of the Far Eastern Commission, Moscow, 27 

December 1945.. _ 142 

Trusteeship of the Territory of the Pacific Islands 

(9) Trusteeship Agreement for the Territory of the Pacific Islands, 

approved by the Security Council of the United Nations 2 
April 1947, and by the President of the United States 18 
July 1947 _. „ 146 

(10) Interim Administration for the Territory of the Pacific Islands, 

Executive Order 9875, 18 July 1947 _. 152 

Agreements between the United States of America and the Republic 
of the Philippines 

(11) Provisional Agreement between the United States and the Re- 

public of the Philippines, Manila, 4 July 1946 154 

(12) Treaty of General Relations, Manila, 4 July 1946 156 

(13) Agreement concerning Military Bases, Manila, 14 March 1947 161 

(14) Agreement on Military Assistance, Manila, 21 March 1947 181 

The South Pacific Commission 

(15) Agreement Establishing the South Pacific Commission, Canberra, 

6 February 1947_. 190 

V 



VI 

III. The Middle East 

The League of Arab States 

Page 

(16) Pact of the League of Arab States, Cairo, 22 March 1945 205 

IV. The Western Hemisphere 
The Caribbean Commission 

(17) Agreement for the Establishment of the Caribbean Commission, 

Washington, 30 October 1946 _ 213 

Naval Missions of the United States 

(18) Agreement between the Governments of the United States and 

Colombia, Washington, 14 October 1946 223 

Reciprocal Assistance among American States 

(19) Inter-American Treaty of Reciprocal Assistance, Rio de Janeiro, 

2 September 1947 _ 232 

V. Trials of War Criminals 

Trials in Europe 

(20) Excerpts from the Judgment of the International Military 

Tribunal, Niirnberg, 30 September-1 October 1946 241 

(21) Tabulation of Niirnberg Sentences 308 

(22) Resolution of the General Assembly of the United Nations, 11 

December 1946 308 

(23) Control Council for Germany Law No. 10, 20 December 1945.. _. 309 

Trials in the Far East 

(24) Proclamation by the Supreme Commander for the Allied Powers, 

Tokyo, 19 January 1946 _._ 317 

(25) Charter of the International Military Tribunal for the Far East, 

Tokyo, 19 January 1946 319 

(26) In re Yamashita, Supreme Court of the United States, 4 Febru- 

ary 1946 _ 326 

VI. International Agreements on Civil Aviation 

(27) Convention on International Civil Aviation, Chicago, 7 Decem- 

ber 1944 _ __ 349 

(28) International Air Services Transit Agreement, Chicago, 7 Dec- 

ember 1944. _ _ _ 384 

(29) International Air Transport Agreement, Chicago, 7 December 

1944 388 

(30) Air Services Agreement between the United States and the United 

Kingdom, Bermuda, 11 February 1946__ 395 



I. THE TREATIES OF PEACE OF 1947 

Note. In 1945 and 1946, the Council of Foreign Ministers, established 
by the Berlin Conference in July 1945 (Naval War College, International Law- 
Documents 1944-45, p. 208), gave protracted consideration to the drafting of 
treaties of peace with European States. A conference of representatives of 
twenty-one States was held at Paris, 29 July-15 October 1946, and its pro- 
posals were reviewed by the Council of Foreign Ministers at its meeting in 
New York, 4 November-12 December 1946. Five Treaties of Peace were 
signed at Paris on 10 February 1947. Ratifications of the Treaty with Italy 
were deposited at Paris, and ratifications of the other Treaties were deposited 
at Moscow, on 15 September 1947. 



(1) Treaty of Peace Between the Allied and Associated 
Powers and Italy, Paris, 10 February 1947.* 

(Department of State Publication 2743) 

The Union of Soviet Socialist Republics, the 
United Kingdom of Great Britain and Northern 
Ireland, the United States of America, China, 
France, Australia, Belgium, the Byelorussian Soviet 
Socialist Republic, Brazil, Canada, Czechoslovakia, 
Ethiopia, Greece, India, the Netherlands, New 
Zealand, Poland, the Ukrainian Soviet Socialist 
Republic, the Union of South Africa, and the People's 
Federal Republic of Yugoslavia, hereinafter referred 
to as "the Allied and Associated Powers", of the one 
part, and 

Italy, of the other part: 

Whereas Italy under the Fascist regime became a 
party to the Tripartite Pact with Germany and 
Japan, undertook a war of aggression and thereby 
provoked a state of war with all the Allied and Asso- 
ciated Powers and with other United Nations, and 
bears her share of responsibility for the war; and 

Whereas in consequence of the victories of the 
Allied forces, and with the assistance of the demo- 

*The text consists of versions in the French, English, Russian and Italian 
languages, of which the first three were declared to be "authentic." 

1 



cratic elements of the Italian people, the Fascist 
regime in Italy was overthrown on July 25, 1943, and 
Italy, having surrendered unconditionally, signed 
terms of Armistice on September 3 and 29 of the 
same year; and 

Whereas after the said Armistice Italian armed 
forces, both of the Government and of the Resistance 
Movement, took an active part in the war against 
Germany, and Italy declared war on Germany as 
from October 13, 1943, and thereby became a co- 
belligerent against Germany; and 

Whereas the Allied and Associated Powers and 
Italy are desirous of concluding a treaty of peace 
which, in conformity with the principles of justice, 
will settle questions still outstanding as a result of 
the events hereinbefore recited and will form the 
basis of friendly relations between them, thereby 
enabling the Allied and Associated Powers to support 
Italy's application to become a member of the 
United Nations and also to adhere to any convention 
concluded under the auspices of the United Nations; 

Have therefore agreed to declare the cessation of 
the state of war and for this purpose to conclude the 
present Treaty of Peace, and have accordingly ap- 
pointed the undersigned Plenipotentiaries who, after 
presentation of their full powers, found in good and 
due form, have agreed on the following provisions: 

PART I. TERRITORIAL CLAUSES 

Section I — Frontiers 

Article 1. — The frontiers of Italy shall, subject 
to the modifications set out in Articles 2, 3, 4, 11 and 
22, be those which existed on January 1, 1938. 
These frontiers are traced on the maps attached to 
the present Treaty (Annex I). In case of a dis- 
crepancy between the textual description of the 



frontiers and the maps, the text shall be deemed to 
be authentic. 

Article 2. — The frontier between Italy and 
France, as it existed on January 1, 1938, shall be 
modified as follows: 

1. Little St. Bernard Pass 

The frontier shall follow the watershed, leaving 
the present frontier at a point about 2 kilometers 
northwest of the Hospice, crossing the road about 
1 kilometer northeast of the Hospice and rejoining 
the present frontier about 2 kilometers southeast of 
the Hospice. 

2. Mont Cents Plateau 

The frontier shall leave the present frontier about 

3 kilometers northwest of the summit of Roche- 
melon, cross the road about 4 kilometers southeast 
of the Hospice and rejoin the present frontier about 

4 kilometers northeast of Mont d'Ambin. 

3. Mont Thabor-Chaberton 

{a) In the Mont Thabor area, the frontier shall 
leave the present frontier about 5 kilometers to the 
east of Mont Thabor and run southeastward to 
rejoin the present frontier about 3 kilometers west 
of the Pointe de Charra. 

(b) In the Chaberton area, the frontier shall leave 
the present frontier about 3 kilometers north-north- 
west of Chaberton, which it skirts on the east, and 
shall cross the road about 1 kilometer from the 
present frontier, which it rejoins about 2 kilometers 
southeast of the village of Montgenevre. 

4. Upper Valleys of the Tinee, Vesubie and Roy a 
The frontier shall leave the present frontier at Colla 

Longa, shall follow along the watershed by way of 
Mont Clapier, Col de Tenda, Mont Marguareis, 
whence it shall run southward by way of Mont Sac- 



carello, Mont Vacchi, Mont Pietravecchia, Mont 
Lega and shall reach a point approximately 100 
meters from the present frontier near Colla Pegairolle, 
about 5 kilometers to the northeast of Breil; it then 
shall run in a southwesterly direction, and shall rejoin 
the existing frontier approximately 100 meters south- 
west of Mont Mergo. 

5. The detailed description of those sections of the 
frontier to which the modifications set out in para- 
graphs 1, 2, 3 and 4 above apply, is contained in 
Annex II to the present Treaty and the maps to 
which this description refers form part of Annex I. 

Article 3. — The frontier between Italy and Yugo- 
slavia shall be fixed as follows: 

(i) The new frontier follows a line starting from 
the junction of the frontiers of Austria, Italy and 
Yugoslavia as they existed on January 1, 1938, and 
proceeding southward along the 1938 frontier be- 
tween Yugoslavia and Italy to the junction of that 
frontier with the administrative boundary between 
the Italian provinces of Friuli (Udine) and Gorizia; 

(ii) From this point the line coincides with the said 
administrative boundary up to a point approximately 
0.5 kilometer north of the village of Mernico in the 
valley of the Iudrio; 

(jii) Leaving the administrative boundary be- 
tween the Italian provinces of Friuli and Gorizia at 
this point, the line extends eastward to a point 
approximately 0.5 kilometer west of the village of 
Vercoglia di Cosbana and thence southward between 
the valleys of the Quarnizzo and the Cosbana to a 
point approximately 1 kilometer southwest of the 
village of Fleana, bending so as to cut the river Recca 
at a point approximately 1.5 kilometers east of the 
Iudrio and leaving on the east the road from Cosbana 
via Nebola to Castel Dobra; 

(iv) The line then continues to the southeast pass- 



ing due south of the road between points 111 and 172, 
then south of the road from Vipulzano to Uclanzi 
passing points 57 and 122, then crossing the latter 
road about 100 meters east of point 122 and curving 
north in the direction of a point situated 350 meters 
southeast of point 266; 

(v) Passing about 0.5 kilometer north of the village 
of San Floriano, the line extends eastward to Monte 
Sabotino (point 610), leaving to the north the village 
of Poggio San Valentino; 

(vi) From Monte Sabotino the line extends south- 
ward, crosses the Isonzo (Soca) river at the town of 
Salcano, which it leaves in Yugoslavia, and runs im- 
mediately to the west of the railway line from Canale 
d'Isonzo to Montespino to a point about 750 meters 
south of the Gorizia-Aisovizza road; 

(vii) Departing from the railway, the line then 
bends southwest leaving in Yugoslavia the town of 
San Pietro and in Italy, the Hospice and the road 
bordering it and, some 700 meters from the station of 
Gorizia S. Marco, crosses the railway connection be- 
tween the above railway and the Sagrado-Cormons 
railway, skirts the Gorizia cemetery, which is left in 
Italy, passes between Highway No. 55 from Gorizia 
to Trieste, which highway is left in Italy, and the 
crossroads at point 54, leaving in Yugoslavia the 
towns of Vertoiba and Merna, and reaches a point 
located approximately at point 49; 

{viii) Thence the line continues in a southerly 
direction across the Karst plateau, approximately 1 
kilometer east of Highway No. 55, leaving on the east 
the village of Opacchiasella and on the west the village 
of Iamiano; 

(ix) From a point approximately 1 kilometer east 
of Iamiano, the line follows the administrative bound- 
ary between the provinces of Gorizia and Trieste as 
far as a point approximately 2 kilometers northeast 



of the village of San Giovanni and approximately 0.5 
kilometer northwest of point 208, forming the junc- 
tion of the frontiers of Yugoslavia, Italy and the Free 
Territory of Trieste. 

The map to which this description refers forms 
part of Annex I. 

Article 4. — The frontier between Italy and the 
Free Territory of Trieste shall be fixed as follows: 

(t) The line starts from a point on the administra- 
tive boundary between the provinces of Gorizia and 
Trieste approximately 2 kilometers northeast of the 
village of San Giovanni and approximately 0.5 kilo- 
meter northwest of point 208, forming the junction of 
the frontiers of Yugoslavia, Italy and the Free Terri- 
tory of Trieste, and runs southwestward to a point 
adjacent to Highway No. 14 and approximately 1 
kilometer northwest of the junction between High- 
ways Nos. 55 and 14, respectively running from 
Gorizia and Monfalcone to Trieste; 

(it) The line then extends in a southerly direction 
to a point, in the Gulf of Panzano, equidistant from 
Punta Sdobba at the mouth of the Isonzo (Soca) 
river and Castello Vecchio at Duino, about 3.3 kilo- 
meters south from the point where it departs from 
the coastline appproximately 2 kilometers north- 
west of the town of Duino; 

(Hi) The line then reaches the high seas by follow- 
ing a line placed equidistant from the coastlines of 
Italy and the Free Territory of Trieste. 

The map to which this description refers forms 
part of Annex I. 

Article 5. — 1. The exact line of the new frontiers 
laid down in Articles 2, 3, 4 and 22 of the present 
Treaty shall be determined on the spot by Boundary 
Commissions composed of the representatives of the 
two Governments concerned. 

2. The Commissions shall begin their work im- 



mediately on the coming into force of the present 
Treaty, and shall complete it as soon as possible and 
in any case within a period of six months. 

3. Any questions which the Commissions are 
unable to agree upon will be referred to the Ambassa- 
dors in Rome of the Soviet Union, of the United 
Kingdom, of the United States of America, and of 
France, acting as provided in Article 86, for final 
settlement by such methods as they may determine, 
including, where necessary, the appointment of an 
impartial third Commissioner. 

4. The expenses of the Boundary Commissions 
will be borne in equal parts by the two Govern- 
ments concerned. 

5. For the purpose of determining on the spot 
the exact frontier laid down in Articles 3, 4 and 22, 
the Commissioners shall be allowed to depart by 0.5 
kilometer from the line laid down in the present 
Treaty in order to adjust the frontier to local geo- 
graphical and economic conditions, provided that 
no village or town of more than 500 inhabitants, no 
important railroads or highways, and no major 
power or water supplies are placed under a sover- 
eignty other than that resulting from the delimita- 
tions laid down in the present Treaty. 

Section II — France 
(Special Clauses) 

Article 6. — Italy hereby cedes to France in full 
sovereignty the former Italian territory situated 
on the French side of the Franco-Italian frontier 
defined in Article 2. 

Article 7. — The Italian Government shall hand 
over to the French Government all archives, his- 
torical and administrative, prior to 1860, which 
concern the territory ceded to France under the 



8 

Treaty of March 24, 1860, and the Convention of 
August 23, 1860. 

Article 8. — 1. The Italian Government shall co- 
operate with the French Government for the possible 
establishment of a railway connection between 
Briancon and Modane, via Bardonneche. 

2. The Italian Government shall authorize, free of 
customs duty and inspection, passport and other 
such formalities, the passenger and freight railway 
traffic traveling on the connection thus established, 
through Italian territory, from one point to another 
in France, in both directions; and shall take all 
necessary measures to ensure that the French trains 
using the said connection are allowed, under the 
same conditions, to pass dutyfree and without unjus- 
tifiable delay. 

3. The necessary arrangements shall be concluded 
in due course between the two Governments. 

Article 9. — 1. Plateau of Mont Cents. In order 
to secure to Italy the same facilities as Italy enjoyed 
in respect of hydro-electric power and water supply 
from the Lake of Mont Cenis before cession of this 
district to France, the latter shall give Italy under 
a bilateral agreement the technical guarantees set out 
in Annex III. 
2. The Tenda-Briga District 

In order that Italy shall not suffer any diminution 
in the supplies of electric power which Italy has 
drawn from sources existing in the Tenda-Briga 
district before its cession to France, the latter shall 
give Italy under a bilateral agreement the tech- 
nical guarantees set out in Annex III. 



Section III — Austria 
(Special Clauses) 

Article 10. — 1. Italy shall enter into or confirm 
arrangements with Austria to guarantee free move- 
ment of passenger and freight traffic between the 
North and East Tyrol. 

2. The Allied and Associated Powers have taken 
note of the provisions (the text of which is contained 
in Annex IV) agreed upon by the Austrian and Italian 
Governments on September 5, 1946. 

Section IV — People's Federal Republic of 

Yugoslavia 

(Special Clauses) 

Article 11. — 1. Italy hereby cedes to Yugoslavia 
in full sovereignty the territory situated between the 
new frontiers of Yugoslavia as defined in Articles 3 
and 22 and the I talo- Yugoslav frontier as it existed 
on January 1, 1938, as well as the commune of Zara 
and all islands and adjacent islets lying within the 
following areas: 

(a) The area bounded: 

On the north by the parallel of 42° 50' N. 
On the south by the parallel of 42° 42' N. 
On the east by the meridian of 17° 10' E. 
On the west by the meridian of 16° 25' E. 

(b) The area bounded: 

On the north by a line passing through the 
Porto del Quieto, equidistant from the 
coastline of the Free Territory of Trieste 
and Yugoslavia, and thence to the point 
45° 15' N., 13° 24' E.; 

On the south by the parallel 44° 23' N.; 

On the west by a line connecting the follow- 
ing points: 



10 

(1) 45° 15' N.— 13° 24' E.; 

(2) 44° 51' N.— 13° 37' E.; 

(3) 44° 23' N.— 14° 18' 30" E. 

On the east by the west coast of Istria, the 
islands and the mainland of Yugoslavia. 

A chart of these areas is contained in Annex I. 

2. Italy hereby cedes to Yugoslavia in full sover- 
eignty the island of Pelagosa and the adjacent islets. 

The island of Pelagosa shall remain demilitarised. 

Italian fishermen shall enjoy the same rights in 
Pelagosa and the surrounding waters as were there 
enjoyed by Yugoslav fishermen prior to April 6> 
1941. 

Article 12. — 1. Italy shall restore to Yugoslavia 
all objects of artistic, historical, scientific, educational 
or religious character (including all deeds, manu- 
scripts, documents and bibliographical material) as 
well as administrative archives (files, registers, plans 
and documents of any kind) which, as the result of 
the Italian occupation, were removed between 
November 4, 1918, and March 2, 1924, from the 
territories ceded to Yugoslavia under the treaties 
signed in Rapallo on November 12, 1920, and in 
Rome on January 27, 1924. Italy shall also restore 
all objects belonging to those territories and falling 
into the above categories, removed by the Italian 
Armistice Mission which operated in Vienna after 
the first World War. 

2. Italy shall deliver to Yugoslavia all objects, 
having juridically the character of public property 
and coming within the categories in paragraph 1 of the 
present Article, removed since November 4, 1918,, 
from the territory which under the present Treaty 
is ceded to Yugoslavia, and those connected with the 
said territory which Italy received from Austria or 
Hungary under the Peace Treaties signed in St.. 
Germain on September 10, 1919, and in the Trianon 



11 

on June 4, 1920, and under the convention between 
Austria and Italy, signed in Vienna on May 4, 1920. 

3. If, in particular cases, Italy is unable to restore 
or hand over to Yugoslavia the objects coming under 
paragraphs 1 and 2 of this Article, Italy shall hand 
over to Yugoslavia objects of the same kind as, 
and of approximately equivalent value to, the objects 
removed, in so far as such objects are obtainable 
in Italy. 

Article 13. — The water supply for Gorizia and its 
vicinity shall be regulated in accordance with the 
provisions of Annex V. 

Section V — Greece 
(Special Clause) 

Article 14. — 1. Italy hereby cedes to Greece in 
full sovereignty the Dodecanese Islands indicated 
hereafter, namely Stampalia (Astropalia), Rhodes 
(Rhodos), Calki (Kharki), Scarpanto, Casos (Casso), 
Piscopis (Tilos), Misiros (Nisyros), Calimnos (Kalym- 
nos), Leros, Patmos, Lipsos (Lipso), Simi (Symi), 
Cos (Kos) and Castellorizo, as well as the adjacent 
islets. 

2. These islands shall be and shall remain de- 
militarised. 

3. The procedure and the technical conditions 
governing the transfer of these islands to Greece 
will be determined by agreement between the Gov- 
ernments of the United Kingdom and Greece and 
arrangements shall be made for the withdrawal of 
foreign troops not later than 90 days from the com- 
ing into force of the present Treaty. 



777534 — 48- 



12 

PART II. POLITICAL CLAUSES 
Section I — General Clauses 

Article IS. — Italy shall take all measures neces- 
sary to secure to all persons under Italian jurisdic- 
tion, without distinction as to race, sex, language or 
religion, the enjoyment of human rights and of the 
fundamental freedoms, including freedom of expres- 
sion, of press and publication, of religious worship, 
of political opinion and of public meeting. 

Article 16. — Italy shall not prosecute or molest 
Italian nationals, including members of the armed 
forces, solely on the ground that during the period 
from June 10, 1940, to the coming into force of the 
present Treaty, they expressed sympathy with or 
took action in support of the cause of the Allied 
and Associated Powers. 

Article 17. — Italy, which, in accordance with 
Article 30 of the Armistice Agreement, has taken 
measures to dissolve the Fascist organizations in 
Italy, shall not permit the resurgence on Italian ter- 
ritory of such organizations, whether political, mili- 
tary or semi-military, whose purpose it is to deprive 
the people of their democratic rights. 

Article 18. — Italy undertakes to recognize the 
full force of the Treaties of Peace with Roumania, 
Bulgaria, Hungary and Finland and other agree- 
ments or arrangements which have been or will be 
reached by the Allied and Associated Powers in 
respect of Austria, Germany and Japan for the 
restoration of peace. 

Section II — Nationality, Civil and Political 

Rights 

Article 19. — 1. Italian citizens who were domi- 
ciled on June 10, 1940, in territory transferred by 



13 

Italy to another State under the present Treaty, 
and their children born after that date, shall, except 
as provided in the following paragraph, become cit- 
izens with full civil and political rights of the State 
to which the territory is transferred, in accordance 
with legislation to that effect to be introduced by 
that State within three months from the coming into 
force of the present Treaty. Upon becoming citi- 
zens of the State concerned they shall lose their 
Italian citizenship. 

2. The Government of the State to which the ter- 
ritory is transferred shall, by appropriate legislation 
within three months from the coming into force of 
the present Treaty, provide that all persons referred 
to in paragraph 1 over the age of eighteen years (or 
married persons whether under or over that age) 
whose customary language is Italian, shall be en- 
titled to opt for Italian citizenship within a period 
of one year from the coming into force of the present 
Treaty. Any person so opting shall retain Italian 
citizenship and shall not be considered to have ac- 
quired the citizenship of the State to which the ter- 
ritory is transferred. The option of the husband 
shall not constitute an option on the part of the 
wife. Option on the part of the father, or, if the 
father is not alive, on the part of the mother, shall, 
however, automatically include all unmarried chil- 
dren under the age of eighteen years. 

3. The State to which the territory is transferred 
may require those who take advantage of the op- 
tion to move to Italy within a year from the date 
when the option was exercised. 

4. The State to which the territory is transferred 
shall, in accordance with its fundamental laws, se- 
cure to all persons within the territory, without dis- 
tinction as to race, sex, language or religion, the en- 
joyment of human rights and of the fundamental 



14 

freedoms, including freedom of expression, of press 
and publication, of religious worship, of political 
opinion and of public meeting. 

Article 20. 1. Within a period of one year from 
the coming into force of the present Treaty, Italian 
citizens over 18 years of age (or married persons 
whether under or over that age), whose customary 
language is one of the Yugoslav languages (Serb, 
Croat or Slovene), and who are domiciled on Italian 
territory may, upon riling a request with a Yugoslav 
diplomatic or consular representative in Italy, ac- 
quire Yugoslav nationality if the Yugoslav authori- 
ties accept their request. 

2. In such cases, the Yugoslav Government will 
communicate to the Italian Government through the 
diplomatic channel lists of the persons who have 
thus acquired Yugoslav nationality. The persons 
mentioned in such lists will lose their Italian nation- 
ality on the date of such official communication. 

3. The Italian Government may require such per- 
sons to transfer their residence to Yugoslavia within 
a period of one year from the date of such official 
communication. 

4. For the purposes of this Article, the rules relat- 
ing to the effect of options on wives and on children, 
set forth in Article 19, paragraph 2, shall apply. 

5. The provisions of Annex XIV, paragraph 10 of 
the present Treaty, applying to the transfer of prop- 
erties belonging to persons who opt for Italian 
nationality, shall equally apply to the transfer of 
properties belonging to persons who opt for Yugoslav 
nationality under this Article. 

Section III — Free Territory of Trieste 

Article 21. — 1. There is hereby constituted the 
Free Territory of Trieste, consisting of the area lying 
between the Adriatic Sea and the boundaries defined 



15 

in Articles 4 and 22 of the present Treaty. The Free 
Territory of Trieste is recognized by the Allied and 
Associated Powers and by Italy, which agree that its 
integrity and independence shall be assured by the 
Security Council of the United Nations. 

2. Italian sovereignty over the area constituting 
the Free Territory of Trieste, as above defined, shall 
be determined upon the coming into force of the 
present Treaty. 

3. On the termination of Italian sovereignty, the 
Free Territory of Trieste shall be governed in accord- 
ance with an instrument for a provisional regime 
drafted by the Council of Foreign Ministers and 
approved by the Security Council. This Instrument 
shall remain in force until such date as the Security 
Council shall fix for the coming into force of the Per- 
manent Statute which shall have been approved by 
it. The Free Territory shall thenceforth be governed 
by the provisions of such Permanent Statute. The 
texts of the Permanent Statute and of the Instrument 
for the Provisional Regime are contained in Annexes 
VI and VII. 

4. The Free Territory of Trieste shall not be con- 
sidered as ceded territory within the meaning of 
Article 19 and Annex XIV of the present Treaty. 

5. Italy and Yugoslavia undertake to give to the 
Free Territory of Trieste the guarantees set out in 
Annex IX. 

Article 22. The frontier between Yugoslavia 
and the Free Territory of Trieste shall be fixed as 
follows : 

(i) The line starts from a point on the adminis- 
trative boundary between the provinces of Gorizia 
and Trieste, approximately 2 kilometers northeast of 
the village of San Giovanni and approximately 0.5 
kilometer northwest of point 208, forming the junc- 
tion of the frontiers of Yugoslavia, Italy and the Free 



16 

Territory of Trieste, and follows this administrative 
boundary as far as Monte Lanaro (point 546) ; thence 
it extends southeastward as far as Monte Cocusso 
(point 672) through point 461, Meducia (point 475), 
Monte dei Pini (point 476) and point 407, crossing 
Highway No. 58, from Trieste to Sesana, about 3.3 
kilometers to the southwest of this town, and leaving 
the villages of Vogliano and Orle to the east, and at 
approximately 0.4 kilometer to the west, the village 
of Zolla. 

(it) From Monte Cocusso, the line, continuing 
southeastward leaving the village of Grozzana to the 
west, reaches Monte Goli (point 621), then turning 
southwestward, crosses the road from Trieste to 
Cosina at point 455 and the railway at point 485, 
passes by points 416 and 326, leaving the villages of 
Beca and Castel in Yugoslav territory, crosses the 
road from Ospo to Gabrovizza dTstria about 100 
meters to the southeast of Ospo; then crosses the 
river Risana and the road from Villa Decani to Risano 
at a point about 350 meters west of the latter village, 
the village of Rosario and the road from Risano to 
San Sergio being left in Yugoslav territory; from this 
point the line proceeds as far as the cross roads 
situated about 1 kilometer northeastward of point 
362, passing by points 285 and 354. 

(Hi) Thence, the line runs as far as a point about 
0.5 kilometer east of the village of Cernova, crossing 
the river Dragogna about 1 kilometer north of this 
village, leaving the villages of Bucciai and Truscolo 
to the west and the village of Tersecco to the east, 
it then runs southwestward to the southeast of the 
road connecting the villages of Cernova and Chervoi, 
leaving this road 0.8 kilometer to the east of the 
village of Cucciani; it then runs in a general south- 
southwesterly direction, passing about 0.4 kilometer 
east of Monte Braico and at about 0.4 kilometer 



17 

west of the village of Sterna Filaria, leaving the 
road running from this village to Piemonte to the 
east, passing about 0.4 kilometer west of the town 
of Piemonte and about 0.5 kilometer east of the 
town of Castagna and reaching the river Quieto at a 
point approximately 1.6 kilometer southwest of the 
town of Castagna. 

(iv) Thence the line follows the main improved 
channel of the Quieto to its mouth, passing through 
Porto del Quieto to the high seas by following a line 
placed equidistant from the coastlines of the Free 
Territory of Trieste and Yugoslavia. 

The map to which this description refers forms 
part of Annex 1. 

Section IV — Italian Colonies 

Article 23. — 1. Italy renounces all right and 
title to the Italian territorial possessions in Africa, 
i. e. Libya, Eritrea and Italian Somaliland. 

2. Pending their final disposal, the said posses- 
sions shall continue under their present administra- 
tion. 

3. The final disposal of these possessions shall be 
determined jointly by the Governments of the 
Soviet Union, of the United Kingdom, of the United 
States of America, and of France within one year 
from the coming into force of the present Treaty, 
in the manner laid down in the joint declaration of 
February 10, 1947, issued by the said Governments, 
which is reproduced in Annex XL 

Section V — Special Interests of China 

Article 24. — Italy renounces in favour of China 
all benefits and privileges resulting from the pro- 
visions of the final Protocol signed at Pekin on 
September 7, 1901, and all annexes, notes and docu- 



18 

ments supplementary thereto, and agrees to the 
abrogation in respect of Italy of the said protocol, 
annexes, notes and documents. Italy likewise re- 
nounces any claim thereunder to an indemnity. 

Article 25. — Italy agrees to the cancellation of 
the lease from the Chinese Government under which 
the Italian Concession at Tientsin was granted, and 
to the transfer to the Chinese Government of any 
property and archives belonging to the municipality 
of the said Concession. 

Article 26. — Italy renounces in favour of China 
the rights accorded to Italy in relation to the Inter- 
national Settlements at Shanghai and Amoy, and 
agrees to the reversion of the said Settlements to the 
administration and control of the Chinese Govern- 
ment. 

Section VI — Albania 

Article 27. — Italy recognises and undertakes to 
respect the sovereignty and independence of the 
State of Albania. 

Article 28. — Italy recognises that the Island of 
Saseno is part of the territory of Albania and re- 
nounces all claims thereto. 

Article 29. — Italy formally renounces in favour 
of Albania all property (apart from normal diplo- 
matic or consular premises), rights, concessions, inter- 
ests and advantages of all kinds in Albania, belong- 
ing to the Italian State or Italian para-statal insti- 
tutions. Italy likewise renounces all claims to 
special interests or influence in Albania, acquired 
as a result of the aggression of April 7, 1939, or 
under treaties or agreements concluded before that 
date. 

The economic clauses of the present Treaty, ap- 
plicable to the Allied and Associated Powers, shall 



19 

apply to other Italian property and other economic 
relations between Albania and Italy. 

Article 30. — Italian nationals in Albania will 
enjoy the same juridical status as other foreign 
nationals, but Italy recognises the legality of all 
Albanian measures annulling or modifying conces- 
sions or special rights granted to Italian nationals 
provided that such measures are taken within a year 
from the coming into force of the present Treaty. 

Article 31. — Italy recognises that all agreements 
and arrangements made between Italy and the 
authorities installed in Albania by Italy from April 7, 
1939, to September 3, 1943, are null and void. 

Article 32. — Italy recognises the legality of any 
measures which Albania may consider necessary to 
take in order to confirm or give effect to the pre- 
ceding provisions. 

Section VII — Ethiopia 

Article 33. — Italy recognises and undertakes to 
respect the sovereignty and independence of the 
State of Ethiopia. 

Article 34. — Italy formally renounces in favour 
of Ethiopia all property (apart from normal diplo- 
matic or consular premises), rights, interests and 
advantages of all kinds acquired at any time in 
Ethiopia by the Italian State, as well as all para- 
statal property as defined in paragraph 1 of Annex 
XIV of the present Treaty. 

Italy also renounces all claims to special interests 
or influence in Ethiopia. 

Article 35. — Italy recognises the legality of all 
measures which the Government of Ethiopia has 
taken or may hereafter take in order to annul Italian 
measures respecting Ethiopia taken after October 3, 
1935, and the effects of such measures. 



20 

Article 36. — Italian nationals in Ethiopia will 
enjoy the same juridical status as other foreign 
nationals, but Italy recognises the legality of all 
measures of the Ethiopian Government annulling or 
modifying concessions or special rights granted to 
Italian nationals, provided such measures are taken 
within a year from the coming into force of the 
present Treaty. 

Article 37. — Within eighteen months from the 
coming into force of the present Treaty, Italy shall 
restore all works of art, religious objects, archives 
and objects of historical value belonging to Ethiopia 
or its nationals and removed from Ethiopia to Italy 
since October 3, 1935. 

Article 38. — The date from which the provisions 
of the present Treaty shall become applicable as 
regards all measures and acts of any kind whatsoever 
entailing the responsibility of Italy or of Italian 
nationals towards Ethiopia, shall be held to be 
October 3, 1935. 

Section VIII — International Agreements 

Article 39. — Italy undertakes to accept any ar- 
rangements which have been or may be agreed for 
the liquidation of the League of Nations, the Per- 
manent Court of International Justice and also the 
International Financial Commission in Greece. 

Article 40. — Italy hereby renounces all rights, 
titles and claims deriving from the mandate system 
or from any undertakings given in connection there- 
with, and all special rights of the Italian State in 
respect of any mandated territory. 

Article 41. — Italy recognises the provisions of 
the Final Act of August 31, 1945, and of the Franco- 
British Agreement of the same date on the Statute 
of Tangier, as well as all provisions which may be 



21 

adopted by the Signatory Powers for carrying out 

these instruments. 

Article 42. — Italy shall accept and recognise any 

arrangements which may be made by the Allied and 

Associated Powers concerned for the modification of 

the Congo Basin Treaties with a view to bringing 

them into accord with the Charter of the United 
Nations. 

Article 43. — Italy hereby renounces any rights 

and interests she may possess by virtue of Article 

16 of the Treaty of Lausanne signed on July 24, 1923. 

Section IX — Bilateral Treaties 

Article 44. — 1. Each Allied or Associated Power 
will notify Italy, within a period of six months from 
the coming into force of the present Treaty, which of 
its pre-war bilateral treaties with Italy it desires to 
keep in force or revive. Any provisions not in con- 
formity with the present Treaty shall, however, be 
deleted from the above-mentioned treaties. 

2. All such treaties so notified shall be registered 
with the Secretariat of the United Nations in ac- 
cordance with Article 102 of the Charter of the 
United Nations. 

3. All such treaties not so notified shall be re- 
garded as abrogated. 

PART III. WAR CRIMINALS 

Article 45. — 1. Italy shall take all necessary steps 
to ensure the apprehension and surrender for trial 
of: 

(a) Persons accused of having committed, ordered 
or abetted war crimes and crimes against peace or 
humanity; 

(b) Nationals of any Allied or Associated Power 
accused of having violated their national law by 



22 

treason or collaboration with the enemy during the 
war. 

2. At the request of the United Nations Govern- 
ment concerned, Italy shall likewise make available 
as witnesses persons within its jurisdiction, whose 
evidence is required for the trial of the persons 
referred to in paragraph 1 of this Article. 

3. Any disagreement concerning the application 
of the provisions of paragraphs 1 and 2 of this Article 
shall be referred by any of the Governments con- 
cerned to the Ambassadors in Rome of the Soviet 
Union, of the United Kingdom, of the United States 
of America, and of France, who will reach agreement 
with regard to the difficulty. 

PART IV. NAVAL, MILITARY AND AIR 

CLAUSES 

Section I — Duration of Application 

Article 46. — Each of the military, naval and air 
clauses of the present Treaty shall remain in force 
until modified in whole or in part by agreement 
between the Allied and Associated Powers and Italy 
or, after Italy becomes a member of the United 
Nations, by agreement between the Security Council 
and Italy. 

Section II — General Limitations 

Article 47. — 1. (a) The system of permanent 
Italian fortifications and military installations along 
the Franco-Italian frontier, and their armaments, 
shall be destroyed or removed. 

(b) This system is deemed to comprise only artillery 
and infantry fortifications whether in groups or 
separated, pillboxes of any type, protected accom- 
modation for personnel, stores and ammunition, 
observation posts and military cableways, whatever 



23 

may be their importance and actual condition of 
maintenance or state of construction, which are con- 
structed of metal, masonry or concrete or excavated 
in the rock. 

2. The destruction or removal, mentioned in para- 
graph 1 above, is limited to a distance of 20 kilo- 
meters from any point on the frontier as defined by 
the present Treaty, and shall be completed within 
one year from the coming into force of the Treaty. 

3. Any reconstruction of the above-mentioned 
fortifications and installations is prohibited. 

4. (a) The following construction to the east of the 
Franco-Italian frontier is prohibited: permanent 
fortifications where weapons capable of firing into 
French territory or territorial waters can be em- 
placed; permanent military installations capable of 
being used to conduct or direct fire into French ter- 
ritory or territorial waters; and permanent supply 
and storage facilities emplaced solely for the use of 
the above-mentioned fortifications and installations. 

(b) This prohibition does not include other types 
of non-permanent fortifications or • surface accom- 
modations and installations which are designed 
to meet only requirements of an internal character 
and of local defence of the frontiers. 

5. In a coastal area IS kilometers deep, stretching 
from the Franco-Italian frontier to the meridian of 
9°30' E., Italy shall not establish any new, nor 
expand any existing naval bases or permanent naval 
installations. This does not prohibit minor altera- 
tions to, nor the maintenance in good repair of, exist- 
ing naval installations provided that their overall 
capacity will not thereby be increased. 

Article 48. — 1. (a) Any permanent Italian forti- 
fications and military installations along the Italo- 
Yugoslav frontier, and their armaments, shall be 
destroyed or removed. 



24 

(b) These fortifications and installations are 
deemed to comprise only artillery and infantry forti- 
fications whether in groups or separated, pillboxes 
of any type, protected accommodation for personnel, 
stores and ammunition, observation posts and mili- 
tary cableways, whatever may be their importance 
and actual condition of maintenance or state of 
construction, which are constructed of metal, ma- 
sonry or concrete or excavated in the rock. 

2. The destruction or removal, mentioned in para- 
graph 1 above, is limited to a distance of 20 kilometers 
from any point on the frontier, as defined by the 
present Treaty, and shall be completed within one 
year from the coming into force of the Treaty. 

3. Any reconstruction of the above-mentioned for- 
tifications and installations is prohibited. 

4. (a) The following construction to the west of 
the Italo- Yugoslav frontier is prohibited: permanent 
fortifications where weapons capable of firing into 
Yugoslav territory or territorial waters can be em- 
placed; permanent military installations capable of 
being used to conduct or direct fire into Yugoslav 
territory or territorial waters; and permanent supply 
and storage facilities emplaced solely for the use of 
the above-mentioned fortifications and installations. 

(b) This prohibition does not include other types 
of non-permanent fortifications or surface accommo- 
dations and installations which are designed to meet 
only requirements of an internal character and of 
local defence of the frontiers. 

5. In a coastal area 15 kilometers deep, stretching 
from the frontier between Italy and Yugoslavia and 
between Italy and the Free Territory of Trieste to 
the latitude of 44°50 / N. and in the islands adjacent 
to this coast, Italy shall not establish any new, nor 
expand any existing, naval bases or permanent naval 
installations. This does not prohibit minor altera- 



25 

tions to, nor the maintenance in good repair of, exist- 
ing naval installations and bases provided that their 
overall capacity will not thereby be increased. 

6. In the Apulian Peninsula east of longitude 
17°45' E., Italy shall not construct any new perma- 
nent military, naval or military air installations nor 
expand existing installations. This does not prohibit 
minor alterations to, nor the maintenance in good 
repair of, existing installations provided that their 
overall capacity will not thereby be increased. 
Accommodation for such security forces as may be 
required for tasks of an internal character and local 
defence of frontiers will, however, be permitted. 

Article 49. — 1. Pantellaria, the Pelagian Islands 
(Lampedusa, Lampione and Linosa) and Pianosa (in 
the Adriatic) shall be and shall remain demilitarised. 

2. Such demilitarisation shall be completed within 
one year from the coming into force of the present 
Treaty. 

Article 50. — 1. In Sardinia all permanent coast 
defence artillery emplacements and their armaments 
and all naval installations which are located within 
a distance of 30 kilometers from French territorial 
waters shall be removed to the mainland of Italy or 
demolished within one year from the coming into 
force of the present Treaty. 

2. In Sicily and Sardinia all permanent installa- 
tions and equipment for the maintenance and storage 
of torpedoes, sea mines and bombs shall be demol- 
ished or removed to the mainland of Italy within one 
year from the coming into force of the present Treaty. 

3. No improvements to, reconstruction of, or ex- 
tensions of existing installations or permanent forti- 
fications in Sicily and Sardinia shall be permitted; 
however, with the exception of the northern Sardinia 
areas described in paragraph 1 above, normal main- 
tenance of such installations or permanent fortifica- 



26 

tions and weapons already installed in them may take 
place. 

4. In Sicily and Sardinia Italy shall be prohibited 
from constructing any naval, military and air force 
installations or fortifications except for such accom- 
modation for security forces as may be required for 
tasks of an internal character. 

Article 51. — Italy shall not possess, construct or 
experiment with (i) any atomic weapon, (ii) any 
self-propelled or guided missiles or apparatus con- 
nected with their discharge (other than torpedoes and 
torpedo-launching gear comprising the normal arma- 
ment of naval vessels permitted by the present 
Treaty), (Hi) any guns with a range of over 30 kilo- 
meters, (iv) sea mines or torpedoes of non-contact 
types actuated by influence mechanisms, (v) any 
torpedoes capable of being manned. 

Article 52. — The acquisition of war material of 
German or Japanese origin or design, either from 
inside or outside Italy, or its manufacture, is pro- 
hibited to Italy. 

Article 53. — Italy shall not manufacture or pos- 
sess, either publicly or privately, any war material 
different in type from, or exceeding in quantity, that 
required for the forces permitted in Sections III, IV 
and V below. 

Article 54. — The total number of heavy and 
medium tanks in the Italian armed forces shall not 
exceed 200. 

Article 55. — In no case shall any officer or non- 
commissioned officer of the former Fascist Militia 
or of the former Fascist Republican Army be per- 
mitted to hold officer's or non-commissioned officer's 
rank in the Italian Navy, Army, Air Force or 
Carabinieri, with the exception of such persons as 
shall have been exonerated by the appropriate body 
in accordance with Italian law. 



27 
Section III — Limitation of the Italian Navy 

Article 56. — 1. The present Italian Fleet shall be 
reduced to the units listed in Annex XII A. 

2. Additional units not listed in Annex XII and 
employed only for the specific purpose of minesweep- 
ing, may continue to be employed until the end of 
the mine clearance period as shall be determined by 
the International Central Board for Mine Clearance 
of European Waters. 

3. Within two months from the end of the said 
period, such of these vessels as are on loan to the 
Italian Navy from other Powers shall be returned 
to those Powers, and all other additional units shall 
be disarmed and converted to civilian use. 

Article 57. — 1. Italy shall effect the following 
disposal of the units of the Italian Navy specified 
in Annex XII B: 

(a) The said units shall be placed at the disposal 
of the Governments of the Soviet Union, of the 
United Kingdom, of the United States of America, 
and of France; 

(b) Naval vessels required to be transferred in 
compliance with sub-paragraph (a) above shall be 
fully equipped, in operational condition including a 
full outfit of armament stores, and complete with 
on-board spare parts and all necessary technical 
data; 

(c) The transfer of the naval vessels mentioned 
above shall be effected within three months from 
the coming into force of the present Treaty, except 
that, in the case of naval vessels that cannot be re- 
fitted within three months, the time limit for the 
transfer may be extended by the Four Governments; 

(d) Reserve allowance of spare parts and arma- 

777534 — 48 3 



28 

ment stores for the naval vessels mentioned above 
shall, as far as possible, be supplied with the vessels. 
The balance of reserve spare parts and armament 
stores shall be supplied to an extent and at dates to 
be decided by the Four Governments, in any case 
within a maximum of one year from the coming into 
force of the present Treaty. 

2. Details relating to the above transfers will be 
arranged by a Four Power Commission to be estab- 
lished under a separate protocol. 

3. In the event of loss or damage, from whatever 
cause, to any of the vessels in Annex XII B sched- 
uled for transfer, and which cannot be made good by 
the agreed date for transfer of the vessel or vessels 
concerned, Italy undertakes to replace such vessel or 
vessels by equivalent tonnage from the list in An- 
nex XII A, the actual vessel or vessels to be sub- 
stituted being selected by the Ambassadors in 
Rome of the Soviet Union, of the United King- 
dom, of the United States of America, and of 
France. 

Article 58. — 1. Italy shall effect the following dis- 
posal of submarines and non-operational naval ves- 
sels. The time limits specified below shall be taken 
as commencing with the coming into force of the 
present Treaty. 

(a) Surface naval vessels afloat not listed in Annex 
XII, including naval vessels under construction 
afloat, shall be destroyed or scrapped for metal 
within nine months. 

(b) Naval vessels under construction on slips 
shall be destroyed or scrapped for metal within nine 
months. 

(c) Submarines afloat and not listed in Annex 
XII B shall be sunk in the open sea in a depth of 
over 100 fathoms within three months. 

(d) Naval vessels sunk in Italian harbours and 



29 

approach channels, in obstruction of normal shipping, 
shall, within two years, either be destroyed on the 
spot or salvaged and subsequently destroyed or 
scrapped for metal. 

(e) Naval vessels sunk in shallow Italian waters 
not in obstruction of normal shipping shall within 
one year be rendered incapable of salvage. 

(/) Naval vessels capable of reconversion which 
do not come within the definition of war material, 
and which are not listed in Annex XII, may be 
reconverted to civilian uses or are to be demolished 
within two years. 

2. Italy undertakes, prior to the sinking or de- 
struction of naval vessels and submarines as provided 
for in the preceding paragraph, to salvage such equip- 
ment and spare parts as may be useful in completing 
the on-board and reserve allowances of spare parts 
and equipment to be supplied, in accordance with 
Article 57, paragraph 1, for all ships specified in 
Annex XII B. 

3. Under the supervision of the Ambassadors in 
Rome of the Soviet Union, of the United Kingdom, 
of the United States of America, and of France, Italy 
may also salvage such equipment and spare parts of a 
non-warlike character as are readily adaptable for use 
in Italian civil economy. 

Article 59. — 1. No battleship shall be constructed, 
acquired or replaced by Italy. 

2. No aircraft carrier, submarine or other sub- 
mersible craft, motor torpedo boat or specialised 
types of assault craft shall be constructed, acquired, 
employed or experimented with by Italy. 

3. The total standard displacement of the war 
vessels, other than battleships, of the Italian Navy, 
including vessels under construction after the date of 
launching, shall not exceed 67,500 tons. 



30 

4. Any replacement of war vessels by Italy shall be 
effected within the limit of tonnage given in paragraph 
3. There shall be no restriction on the replacement 
of auxiliary vessels. 

5. Italy undertakes not to acquire or lay down any 
war vessels before January 1, 1950, except as neces- 
sary to replace any vessel, other than a battle- 
ship, accidentally lost, in which case the displace- 
ment of the new vessel is not to exceed by more than 
ten per cent the displacement of the vessel lost. 

6. The terms used in this Article are, for the 
purposes of the present Treaty, defined in Annex 
XIII A. 

Article 60. — 1. The total personnel of the Italian 
Navy, excluding any naval air personnel, shall not 
exceed 25,000 officers and men. 

2. During the mine clearance period as determined 
by the International Central Board for Mine Clear- 
ance of European Waters, Italy shall be authorized to 
employ for this purpose an additional number of 
officers and men not to exceed 2,500. 

3. Permanent naval personnel in excess of that 
permitted under paragraph 1 shall be progressively 
reduced as follows, time limits being taken as com- 
mencing with the coming into force of the present 
Treaty: 

{a) To 30,000 within six months; 

(b) To 25,000 within nine months. 

Two months after the completion of mine sweeping 
by the Italian Navy, the excess personnel authorized 
by paragraph 2 is to be disbanded or absorbed within 
the above numbers. 

4. Personnel, other than those authorized under 
paragraphs 1 and 2, and other than any naval air 
personnel authorized under Article 65, shall not 
receive any form of naval training as defined in 
Annex XIII B. 



31 

Section IV- — Limitation of the Italian Army 

Article 61. — The Italian Army, including the 
Frontier Guards, shall be limited to a force of 185,000 
combat, service and overhead personnel and 65,000 
Carabinieri, though either of the above elements 
may be varied by 10,000 as long as the total ceiling 
does not exceed 250,000. The organisation and 
armament of the Italian ground forces, as well as 
their deployment throughout Italy, shall be designed 
to meet only tasks of an internal character, local 
defence of Italian frontiers and anti-aircraft defense. 

Article 62. — The Italian Army, in excess of that 
permitted under Article 61 above, shall be disbanded 
within six months from the coming into force of the 
present Treaty. 

Article 63. — Personnel other than those forming 
part of the Italian Army or Carabinieri shall not 
receive any form of military training as defined in 
Annex XIII B. 

Section V — Limitation of the Italian Air Force 

Article 64. — 1. The Italian Air Force, including 
any naval air arm, shall be limited to a force of 200 
fighter and reconnaissance aircraft and 150 transport, 
air-sea rescue, training (school type) and liaison 
aircraft. These totals include reserve aircraft. All 
aircraft except for fighter and reconnaissance air- 
craft shall be unarmed. The organisation and 
armament of the Italian Air Force as well as their 
deployment throughout Italy shall be designed to 
meet only tasks of an internal character, local defence 
of Italian frontiers and defence against air attack. 

2. Italy shall not possess or acquire any aircraft 
designed primarily as bombers with internal bomb- 
carrying facilities. 

Article 65. — 1. The personnel of the Italian Air 



32 

Force, including any naval air personnel, shall be 
limited to a total of 25,000 effectives, which shall 
include combat, service and overhead personnel. 

2. Personnel other than those forming part of the 
Italian Air Force shall not receive any form of 
military air training as defined in Annex XIII B. 

Article 66. — The Italian Air Force, in excess of 
that permitted under Article 65 above, shall be dis- 
banded within six months from the coming into force 
of the present Treaty. 

Section VI — Disposal of War Material 
(as defined in Annex XIII C) 

Article 67. — 1. All Italian war material in excess 
of that permitted for the armed forces specified in 
Sections III, IV and V shall be placed at the disposal 
of the Governments of the Soviet Union, of the 
United Kingdom, of the United States of America, 
and of France, according to such instructions as they 
may give to Italy. 

2. All Allied war material in excess of that per- 
mitted for the armed forces specified in Sections III, 
IV and V shall be placed at the disposal of the Allied 
or Associated Power concerned according to the 
instructions to be given to Italy by the Allied or 
Associated Power concerned. 

3. All German and Japanese war material in 
excess of that permitted for the armed forces specified 
in Sections III, IV and V, and all German or Japanese 
drawings, including existing blueprints, prototypes, 
experimental models and plans, shall be placed at the 
disposal of the Four Governments in accordance with 
such instructions as they may give to Italy. 

4. Italy shall renounce all rights to the above- 
mentioned war material and shall comply with the 
provisions of this Article within one year from the 



33 

coming into force of the present Treaty except as 
provided for in Articles 56 to 58 thereof. 

5. Italy shall furnish to the Four Governments 
lists of all excess war material within six months from 
the coming into force of the present Treaty. 

Section VII — Prevention of German and 
Japanese Rearmament 

Article 68. — Italy undertakes to co-operate fully 
with the Allied and Associated Powers with a view 
to ensuring that Germany and Japan are unable to 
take steps outside German and Japanese territories 
towards rearmament. 

Article 69. — Italy undertakes not to permit the 
employment or training in Italy of any technicians, 
including military or civil aviation personnel, who 
are or have been nationals of Germany or Japan. 

Article 70. — Italy undertakes not to acquire or 
manufacture civil aircraft which are of German or 
Japanese design or which embody major assemblies 
of German or Japanese manufacture or design. 

Section VIII — Prisoners of War 

Article 71. — 1. Italian prisoners of war shall be 
repatriated as soon as possible in accordance with 
arrangements agreed upon by the individual Powers 
detaining them and Italy. 

2. All costs, including maintenance costs, incurred 
in moving Italian prisoners of war from their respec- 
tive assembly points, as chosen by the Government of 
the Allied or Associated Power concerned, to the 
point of their entry into Italian territory, shall be 
borne by the Italian Government. 



34 

Section IX — Mine Clearance 

Article 72. — As from the coming into force of the 
present Treaty, Italy will be invited to join the Medi- 
terranean Zone Board of the International Organisa- 
tion for Mine Clearance of European Waters, and 
shall maintain at the disposal of the Central Mine 
Clearance Board all Italian minesweeping forces until 
the end of the post-war mine clearance period as 
determined by the Central Board. 

PART V. WITHDRAWAL OF ALLIED FORCES 

Article 73. — 1. All armed forces of the Allied and 
Associated Powers shall be withdrawn from Italy as 
soon as possible and in any case not later than 90 days 
from the coming into force of the present Treaty. 

2. All Italian goods for which compensation has 
not been made and which are in possession of the 
armed forces of the Allied and Associated Powers in 
Italy at the coming into force of the present Treaty 
shall be returned to the Italian Government within 
the same period of 90 days or due compensation shall 
be made. 

3. All bank and cash balances in the hands of the 
forces of the Allied and Associated Powers at the 
coming into force of the present Treaty which have 
been supplied free of cost by the Italian Government 
shall similarly be returned or a corresponding credit 
given to the Italian Government. 

PART VI. CLAIMS ARISING OUT OF THE 

WAR 

Section I — Reparation 

A. Reparation for the Union of Soviet Socialist Republics 

Article 74. — 1. Italy shall pay the Soviet Union 

reparation in the amount of 3100,000,000 during a 



35 

periodjofjjseven years from the coming into force of 
the present Treaty. Deliveries from current in- 
dustrial production shall not be made during the first 
two years. 

2. Reparation shall be made from the following 
sources : 

(a) A share of the Italian factory and tool equip- 
ment designed for the manufacture of war material, 
which is not required by the permitted military es- 
tablishments, which is not readily susceptible of con- 
version to civilian purposes and which will be re- 
moved from Italy pursuant to Article 67 of the 
present Treaty; 

(b) Italian assets in Roumania, Bulgaria and 
Hungary, subject to the exceptions specified in para- 
graph 6 of Article 79; 

(c) Italian current industrial production, including 
production by extractive industries. 

3. The quantities and types of goods to be de- 
livered shall be the subject of agreements between 
the Governments of the Soviet Union and of Italy, 
and shall be selected and deliveries shall be scheduled 
in such a way as to avoid interference with the 
economic reconstruction of Italy and the imposition 
of additional liabilities on other Allied or Associated 
Powers. Agreements concluded under this para- 
graph shall be communicated to the Ambassadors in 
Rome of the Soviet Union, of the United Kingdom, 
of the United States of America, and of France. 

4. The Soviet Union shall furnish to Italy on com- 
mercial terms the materials which are normally im- 
ported into Italy and which are needed for the pro- 
duction of these goods. Payments for these materials 
shall be made by deducting the value of the materials 
furnished from the value of the goods delivered to 
the Soviet Union. 



36 

5. The Four Ambassadors shall determine the 
value of the Italian assets to be transferred to the 
Soviet Union. 

6. The basis of calculation for the settlement pro- 
vided in this Article will be the United States dollar 
at its gold parity on July 1, 1946, i. e. $35 for one 
ounce of gold. 

B. Reparation for Albania, Ethiopia, Greece and 

Yugoslavia 

1. Italy shall pay reparation to the following 

States: 

Albania in the amount of ?5, 000, 000 

Ethiopia in the amount of 25,000,000 

Greece in the amount of 105,000,000 

Yugoslavia in the amount of 125,000,000 

These payments shall be made during a period of 
seven years from the coming into force of the present 
Treaty. Deliveries from current industrial produc- 
tion shall not be made during the first two years. 

2. Reparation shall be made from the following 
sources : 

(a) A share of the Italian factory and tool equip- 
ment designed for the manufacture of war material, 
which is not required by the permitted military es- 
tablishments, which is not readily susceptible of con- 
version to civilian purposes and which will be re- 
moved from Italy pursuant to Article 67 of the present 
Treaty; 

(b) Italian current industrial production, including 
production by extractive industries; 

(c) All other categories of capital goods or services, 
excluding Italian assets which, under Article 79 of 
the present Treaty, are subject to the jurisdiction of 
the States mentioned in paragraph 1 above. Deliv- 
eries under this paragraph shall include either or 
both of the passenger vessels Saturnia and Vulcania, 



37 

if, after their value has been determined by the 
Four Ambassadors, they are claimed within 90 days 
by one of the States mentioned in paragraph 1 
above. Such deliveries may also include seeds. 

3. The quantities and types of goods and services 
to be delivered shall be the subject of agreements 
between the Governments entitled to receive repa- 
ration and the Italian Government, and shall be 
selected and deliveries shall be scheduled in such a 
way as to avoid interference with the economic re- 
construction of Italy and the imposition of addi- 
tional • liabilities on other Allied or Associated 
Powers. 

4. The States entitled to receive reparation from 
current industrial production shall furnish to Italy 
on commercial terms the materials which are nor- 
mally imported into Italy and which are needed for 
the production of these goods. Payment for these 
materials shall be made by deducting the value of 
the materials furnished from the value of the goods 
delivered. 

5. The basis of calculation for the settlement pro- 
vided in this Article will be the United States dollar 
at its gold parity on July 1, 1946, i. e. $35 for one 
ounce of gold. 

6. Claims of the States mentioned in paragraph 1 
of part B of this Article, in excess of the amounts 
of reparation specified in that paragraph, shall be 
satisfied out of the Italian assets subject to their 
respective jurisdictions under Article 79 of the 
present Treaty. 

7. (a) The Four Ambassadors will coordinate and 
supervise the execution of the provisions of part B 
of this Article. They will consult with the Heads 
of the Diplomatic Missions in Rome of the States 
named in paragraph 1 of part B and, as circum- 
stances may require, with the Italian Government, 



38 

and advise them. For the purpose of this Article, 
the Four Ambassadors will continue to act until the 
expiration of the period for reparation deliveries 
provided in paragraph 1 of part B. 

(b) With a view to avoiding conflict or overlapping 
in the allocation of Italian production and resources 
among the several States entitled to reparation 
under part B of this Article, the Four Ambassadors 
shall be informed by any one of the Governments 
entitled to reparation under part B of this Article 
and by the Italian Government of the opening of 
negotiations for an agreement under paragraph 3 
above and of the progress of such negotiations. In 
the event of any differences arising in the course of 
the negotiations the Four Ambassadors shall be 
competent to decide any point submitted to them by 
either Government or by any other Government en- 
titled to reparation under part B of this Article. 

(c) Agreements when concluded shall be com- 
municated to the Four Ambassadors. The Four 
Ambassadors may recommend that an agreement 
which is not, or has ceased to be, in consonance with 
the objectives set out in paragraph 3 or sub-para- 
graph (b) above be appropriately modified. 

C. Special Provision for Earlier Deliveries 

With respect to deliveries from current industrial 
production, as provided in part A, paragraph 2 (c) 
and part B, paragraph 2 (b), nothing in either part 
A or part B of this Article shall be deemed to prevent 
deliveries during the first two years, if such deliveries 
are made in accordance with agreements between the 
Government entitled to reparation and the Italian 
Government. 



39 

D. Reparation for Other States 

1. Claims of the other Allied and Associated 
Powers shall be satisfied out of the Italian assets 
subject to their respective jurisdictions under Article 
79 of the present Treaty. 

2. The claims of any State which is receiving ter- 
ritories under the present Treaty and which is not 
mentioned in part B of this Article shall also be 
satisfied with the transfer to the said State, without 
payment, of the industrial installations and equip- 
ment situated in the ceded territories and employed 
in the distribution of water, and the production and 
distribution of gas and electricity, owned by an 
Italian company whose siege social is in Italy or is 
transferred to Italy, as well as by the transfer of all 
other assets of such companies in ceded territories. 

3. Responsibility for the financial obligations se- 
cured by mortgages, liens and other charges on such 
property shall be assumed by the Italian Govern- 
ment. 

E. Compensation for Property Taken for Reparation 

Purposes 

The Italian Government undertakes to compensate 
all natural or juridical persons whose property is 
taken for reparation purposes under this Article. 

Section II — Restitution by Italy 

Article 75. — 1. Italy accepts the principles of the 
United Nations Declaration of January 5, 1943, and 
shall return, in the shortest possible time, property 
removed from the territory of any of the United 
Nations. 

2. The obligation to make restitution applies to 
all identifiable property at present in Italy which 
was removed by force or duress by any of the Axis 



40 

Powers from the territory of any of the United 
Nations, irrespective of any subsequent transactions 
by which the present holder of any such property 
has secured possession. 

3. The Italian Government shall return the prop- 
erty referred to in this Article in good order and, in 
this connection, shall bear all costs in Italy relating to 
labour, materials and transport. 

4. The Italian Government shall co-operate with 
the United Nations in, and shall provide at its own 
expense all necessary facilities for, the search for and 
restitution of property liable to restitution under 
this Article. 

5. The Italian Government shall take the neces- 
sary measures to effect the return of property covered 
by this Article held in any third country by persons 
subject to Italian jurisdiction. 

6. Claims for the restitution of property shall be 
presented to the Italian Government by the Govern- 
ment of the country from whose territory the property 
was removed, it being understood that rolling stock 
shall be regarded as having been removed from the 
territory to which it originally belonged. The period 
during which such claims may be presented shall be 
six months from the coming into force of the present 
Treaty. 

7. The burden of identifying the property and of 
proving ownership shall rest on the claimant Govern- 
ment, and the burden of proving that the property 
was not removed by force or duress shall rest on the 
Italian Government. 

8. The Italian Government shall restore to the 
Government of the United Nation concerned all 
monetary gold looted by or wrongfully removed to 
Italy or shall transfer to the Government of the 
United Nation concerned an amount of gold equal 



41 

in weight and fineness to that looted or wrongfully 
removed. This obligation is recognised by the 
Italian Government to exist irrespective of any 
transfers or removals of gold from Italy to any other 
Axis Power or a neutral country. 

9. If, in particular cases, it is impossible for Italy 
to make restitution of objects of artistic, historical 
or archaeological value, belonging to the cultural 
heritage of the United Nation from whose territory 
such objects were removed by force or duress by 
Italian forces, authorities or nationals, Italy shall 
transfer to the United Nation concerned objects of 
the same kind as, and of approximately equivalent 
value to, the objects removed, in so far as such 
objects are obtainable in Italy. 

Section III — Renunciation of Claims by Italy 

Article 76. — 1. Italy waives all claims of 
any description against the Allied and Associ- 
ated Powers on behalf of the Italian Government 
or Italian nationals arising directly out of the 
war or out of actions taken because of the existence 
of a state of war in Europe after September 1, 1939, 
whether or not the Allied or Associated Power was 
at war with Italy at the time, including the following: 

(a) Claims for losses or damages sustained as a 
consequence of acts of forces or authorities of Allied 
or Associated Powers; 

(b) Claims arising from the presence, operations, or 
actions of forces or authorities of Allied or Associated 
Powers in Italian territory; 

(c) Claims with respect to the decrees or orders 
of Prize Courts of Allied or Associated Powers, Italy 
agreeing to accept as valid and binding all decrees 
and orders of such Prize Courts on or after September 



42 

1, 1939, concerning Italian ships or Italian goods or 
the payment of costs; 

(d) Claims arising out of the exercise or purported 
exercise of belligerent rights. 

2. The provisions of this Article shall bar, com- 
pletely and finally, all claims of the nature referred to 
herein, which will be henceforward extinguished, who- 
ever may be the parties in interest. The Italian 
Government agrees to make equitable compensation 
in lire to persons who furnished supplies or services 
on requisition to the forces of Allied or Associated 
Powers in Italian territory and in satisfaction of non- 
combat damage claims against the forces of Allied or 
Associated Powers arising in Italian territory. 

3. Italy likewise waives all claims of the nature cov- 
ered by paragraph 1 of this Article on behalf of the Ital- 
ian Government or Italian nationals against any of the 
United Nations which broke off diplomatic relations 
with Italy and which took action in co-operation with 
the Allied and Associated Powers. 

4. The Italian Government shall assume full re- 
sponsibility for all Allied military currency issued in 
Italy by the Allied military authorities, including all 
such currency in circulation at the coming into force 
of the present Treaty. 

5. The waiver of claims by Italy under paragraph 
1 of this Article includes any claims arising out of 
actions taken by any of the Allied and Associated 
Powers with respect to Italian ships between Sep- 
tember 1, 1939, and the coming into force of the 
present Treaty, as well as any claims and debts 
arising out of the Conventions on prisoners of war 
now in force. 

6. The provisions of this Article shall not be 
deemed to affect the ownership of submarine cables 



43 

which, at the outbreak of the war, were owned by the 
Italian Government or Italian nationals. This para- 
graph shall not preclude the application of Article 79 
and Annex XIV to submarine cables. 

Article 77. — 1. From the coming into force of the 
present Treaty property in Germany of Italy and of 
Italian nationals shall no longer be treated as enemy 
property and all restrictions based on such treatment 
shall be removed. 

2. Identifiable property of Italy and of Italian 
nationals removed by force or duress from Italian 
territory to Germany by German forces or authorities 
after September 3, 1943, shall be eligible for 
restitution. 

3. The restoration and restitution of Italian prop- 
erty in Germany shall be effected in accordance with 
measures which will be determined by the Powers in 
occupation of Germany. 

4. Without prejudice to these and to any other 
dispositions in favour of Italy and Italian nationals 
by the Powers occupying Germany, Italy waives on 
its own behalf and on behalf of Italian nationals all 
claims against Germany and German nationals out- 
standing on May 8, 1945, except those arising out of 
contracts and other obligations entered into, and 
rights acquired, before September 1, 1939. This 
waiver shall be deemed to include debts, all inter- 
governmental claims in respect of arrangements 
entered into in the course of the war, and all claims 
for loss or damage arising during the war. 

5. Italy agrees to take all necessary measures to 
facilitate such transfers of German assets in Italy as 
may be determined by those of the Powers occupying 
Germany which are empowered to dispose of the said 
assets. 

777534—48 4 



44 

PART VII. PROPERTY, RIGHTS AND 
INTERESTS 

Section I — United Nations Property in Italy 

Article 78. — 1. In so far as Italy has not already 
done so, Italy shall restore all legal rights and inter- 
ests in Italy of the United Nations and their nationals 
as they existed on June 10, 1940, and shall return all 
property in Italy of the United Nations and their 
nationals as it now exists. 

2. The Italian Government undertakes that all 
property, rights and interests passing under this 
Article shall be restored free of all encumbrances 
and charges of any kind to which they may have 
become subject as a result of the war and without 
the imposition of any charges by the Italian Govern- 
ment in connection with their return. The Italian 
Government shall nullify all measures, including 
seizures, sequestration or control, taken by it against 
United Nations property between June 10, 1940, and 
the coming into force of the present Treaty. In 
cases where the property has not been returned 
within six months from the coming into force of the 
present Treaty, application shall be made to the 
Italian authorities not later than twelve months 
from the coming into force of the present Treaty, 
except in cases in which the claimant is able to 
show that he could not file his application within this 
period. 

3. The Italian Government shall invalidate trans- 
fers involving property, rights and interests of any 
description belonging to United Nations nationals, 
where such transfers resulted from force or duress 
exerted by Axis Governments or their agencies 
during the war. 

4. (a) The Italian Government shall be responsible 
for the restoration to complete good order of the 



45 

property returned to United Nations nationals under 
paragraph 1 of this Article. In cases where property 
cannot be returned or where, as a result of the war, a 
United Nations national has suffered a loss by reason 
of injury or damage to property in Italy, he shall 
receive from the Italian Government compensation 
in lire to the extent of two-thirds of the sum neces- 
sary, at the date of payment, to purchase similar 
property or to make good the loss suffered. In no 
event shall United Nations nationals receive less 
favourable treatment with respect to compensation 
than that accorded to Italian nationals. 

(b) United Nations nationals who hold, directly or 
indirectly, ownership interests in corporations or 
associations which are not United Nations nationals 
within the meaning of paragraph 9 (a) of this Article, 
but which have suffered a loss by reason of injury or 
damage to property in Italy, shall receive compensa- 
tion in accordance with sub-paragraph (a) above. 
This compensation shall be calculated on the basis 
of the total loss or damage suffered by the corpora- 
tion or association and shall bear the same propor- 
tion to such loss or damage as the beneficial interests 
of such nationals in the corporation or association 
bear to the total capital thereof. 

(c) Compensation shall be paid free of any levies, 
taxes or other charges. It shall be freely usable in 
Italy but shall be subject to the foreign exchange 
control regulations which may be in force in Italy 
from time to time. 

(d) The Italian Government shall grant United 
Nations nationals an indemnity in lire at the same 
rate as provided in sub-paragraph (a) above to com- 
pensate them for the loss or damage due to special 
measures applied to their property during the war, 
and which were not applicable to Italian property. 
This sub-paragraph does not apply to a loss of profit. 



46 

5. All reasonable expenses incurred in Italy in 
establishing claims, including the assessment of loss 
or damage, shall be borne by the Italian Govern- 
ment. 

6. United Nations nationals and their property 
shall be exempted from any exceptional taxes, levies 
or imposts imposed on their capital assets in Italy 
by the Italian Government or any Italian authority 
between September 3, 1943, and the coming into 
force of the present Treaty for the specific purpose 
of meeting charges arising out of the war or of meeting 
the costs of occupying forces or of reparation payable 
to any of the United Nations. Any sums which 
have been so paid shall be refunded. 

7. Notwithstanding the territorial transfers pro- 
vided in the present Treaty, Italy shall continue to 
be responsible for loss or damage sustained during 
the war by property in ceded territory or in the Free 
Territory of Trieste belonging to United Nations 
nationals. The obligations contained in paragraphs 
3, 4, 5 and 6 of this Article shall also rest on the 
Italian Government in regard to property in ceded 
territory and in the Free Territory of Trieste of 
United Nations nationals except in so far as this 
would conflict with the provisions of paragraph 14 
of Annex X and paragraph 14 of Annex XIV of the 
present Treaty. 

8. The owner of the property concerned and the 
Italian Government may agree upon arrangements 
in lieu of the provisions of this Article. 

9. As used in this Article: 

(a) "United Nations nationals" means individuals 
who are nationals of any of the United Nations, or 
corporations or associations organized under the laws 
of any of the United Nations, at the coming into 
force of the present Treaty, provided that the said 
individuals, corporations or associations also had this 



47 

status on September 3, 1943, the date of the Armistice 
with Italy. 

The term "United Nations nationals" also includes 
all individuals, corporations or associations which, 
under the laws in force in Italy during the war, have 
been treated as enemy; 

{b) "Owner" means the United Nations national, 
as defined in sub-paragraph {a) above, who is en- 
titled to the property in question, and includes a 
successor of the owner, provided that the successor 
is also a United Nations national as defined in sub- 
paragraph {a). If the successor has purchased the 
property in its damaged state, the transferor shall 
retain his rights to compensation under this Article, 
without prejudice to obligations between the trans- 
feror and the purchaser under domestic law; 

(c) "Property" means all movable or immovable 
property, whether tangible or intangible, including 
industrial, literary and artistic property, as well as 
all rights or interests of any kind in property. With- 
out prejudice to the generality of the foregoing pro- 
visions, the property of the United Nations and their 
nationals includes all seagoing and river vessels, to- 
gether with their gear and equipment, which were 
either owned by United Nations or their nationals, 
or registered in the territory of one of the United 
Nations, or sailed under the flag of one of the United 
Nations and which, after June 10, 1940, while in 
Italian waters, or after they had been forcibly 
brought into Italian waters, either were placed under 
the control of the Italian authorities as enemy 
property or ceased to be at the free disposal in Italy 
of the United Nations or their nationals, as a result 
of measures of control taken by the Italian authorities 
in relation to the existence of a state of war between 
members of the United Nations and Germany. 



48 

Section II — Italian Property in the Territory 
of Allied and Associated Powers 

Article 79. — 1. Each of the Allied and Associated 
Powers shall have the right to seize, retain, liquidate 
or take any other action with respect to all property, 
rights and interests which on the coming into force 
of the present Treaty are within its territory and 
belong to Italy or to Italian nationals, and to apply 
such property or the proceeds thereof to such pur- 
poses as it may desire, within the limits of its claims 
and those of its nationals against Italy or Italian 
nationals, including debts, other than claims fully 
satisfied under other Articles of the present Treaty. 
All Italian property, or the proceeds thereof, in ex- 
cess of the amount of such claims, shall be returned. 

2. The liquidation and disposition of Italian 
property shall be carried out in accordance with the 
law of the Allied or Associated Power concerned. 
The Italian owner shall have no rights with respect 
to such property except those which may be given 
him by that law. 

3. The Italian Government undertakes to com- 
pensate Italian nationals whose property is taken 
under this Article and not returned to them. 

4. No obligation is created by this Article on any 
Allied or Associated Power to return industrial 
property to the Italian Government or Italian na- 
tionals, or to include such property in determining 
the amounts which may be retained under paragraph 
1 of this Article. The Government of each of the 
Allied and Associated Powers shall have the right to 
impose such limitations, conditions and restrictions 
on rights or interests with respect to industrial 
property in the territory of that Allied or Associated 
Power, acquired prior to the coming into force of the 
present Treaty by the Government or nationals of 



49 

Italy, as may be deemed by the Government of the 
Allied or Associated Power to be necessary in the 
national interest. 

5. {a) Italian submarine cables connecting points 
in Yugoslavia shall be deemed to be Italian property 
in Yugoslavia, despite the fact that lengths of these 
cables may lie outside the territorial waters of 
Yugoslavia. 

(b) Italian submarine cables connecting a point 
in the territory of an Allied or Associated Power with 
a point in Italian territory shall be deemed to be 
Italian property within the meaning of this Article 
so far as concerns the terminal facilities and the lengths 
of cables lying within territorial waters of that 
Allied or Associated Power. 

6. The property covered by paragraph 1 of this 
Article shall be deemed to include Italian property 
which has been subject to control by reason of a 
state of war existing between Italy and" the Allied 
or Associated Power having jurisdiction over the 
property, but shall not include: 

(a) Property of the Italian Government used for 
consular or diplomatic purposes; 

(b) Property belonging to religious bodies or pri- 
vate charitable institutions and used exclusively for 
religious or charitable purposes; 

(c) Property of natural persons who are Italian 
nationals permitted to reside within the territory of 
the country in which the property is located or to 
reside elsewhere in United Nations territory, other 
than Italian property which at any time during the 
war was subjected to measures not generally appli- 
cable to the property of Italian nationals resident in 
the same territory; 

(d) Property rights arising since the resumption of 
trade and financial relations between the Allied and 
Associated Powers and Italy, or arising out of 



50 

transactions between the Government of any Allied 
or Associated Power and Italy since September 3, 
1943 ; 

(<?) Literary and artistic property rights; 

(/) Property in ceded territories of Italian na- 
tionals, to which the provisions of Annex XIV shall 
apply; 

(g) With the exception of the assets indicated in 
Article 74, part A, paragraph 2 (b) and part D, para- 
graph 1, property of natural persons residing in ceded 
territories or in the Free Territory of Trieste who do 
not opt for Italian nationality under the present 
Treaty, and property of corporations or associations 
having siege social in ceded territories or in the Free 
Territory of Trieste, provided that such corpora- 
tions or associations are not owned or controlled by 
persons in Italy. In the cases provided under Article 
74, part A, paragraph 2 (b), and part D, paragraph 
1, the question of compensation will be dealt with 
under Article 74, part E. 

Section III — Declaration of the Allied and 
Associated Powers in Respect of Claims 

Article 80. — The Allied and Associated Powers 
declare that the rights attributed to them under 
Articles 74 and 79 of the present Treaty cover all 
their claims and those of their nationals for loss or 
damage due to acts of war, including measures due 
to the occupation of their territory, attributable to 
Italy and having occurred outside Italian territory, 
with the exception of claims based on Articles 75 
and 78. 

Section IV — Debts 

Article 81. — 1. The existence of the state of war 
shall not, in itself, be regarded as affecting the obli- 
gation to pay pecuniary debts arising out of obliga- 



51 

tions and contracts which existed, and rights which 
were acquired, before the existence of the state of 
war, which became payable prior to the coming into 
force of the present Treaty, and which are due by 
the Government or nationals of Italy to the Gov- 
ernment or nationals of one of the Allied and As- 
sociated Powers or are due by the Government or 
nationals of one of the Allied and Associated Powers 
to the Government or nationals of Italy. 

2. Except as otherwise expressly provided in the 
present Treaty, nothing therein shall be construed 
as impairing debtor-creditor relationships arising out 
of pre-war contracts concluded either by the Gov- 
ernment or nationals of Italy. 

PART VIII. GENERAL ECONOMIC 
RELATIONS 

Article 82. — 1. Pending the conclusion of com- 
mercial treaties or agreements between individual 
United Nations and Italy, the Italian Government 
shall, during a period of eighteen months from the 
coming into force of the present Treaty, grant the 
following treatment to each of the United Nations 
which, in fact, reciprocally grants similar treatment 
in like matters to Italy: 

(a) In all that concerns duties and charges on im- 
portation or exportation, the internal taxation of 
imported goods and all regulations pertaining thereto, 
the United Nations shall be granted unconditional 
most-favoured-nation treatment; 

(b) In all other respects, Italy shall make no ar- 
bitrary discrimination against goods originating in 
or destined for any territory of any of the United 
Nations as compared with like goods originating in 
or destined for territory of any other of the United 
Nations or of any other foreign country; 

(c) United Nations nationals, including juridical 



52 

persons, shall be granted national and most-fa- 
voured-nation treatment in all matters pertaining to 
commerce, industry, shipping and other forms of 
business activity within Italy. These provisions 
shall not apply to commercial aviation; 

(d) Italy shall grant no exclusive or discriminatory 
right to any country with regard to the operation of 
commercial aircraft in international traffic, shall 
afford all the United Nations equality of opportunity 
in obtaining international commercial aviation rights 
in Italian territory, including the right to land for 
refueling and repair, and, with regard to the operation 
of commercial aircraft in international traffic, shall 
grant on a reciprocal and non-discriminatory basis to 
all United Nations the right to fly over Italian terri- 
tory without landing. These provisions shall not 
affect the interests of the national defense of Italy. 

2. The foregoing undertakings by Italy shall be 
understood to be subject to the exceptions custo- 
marily included in commercial treaties concluded by 
Italy before the war; and the provisions with respect 
to reciprocity granted by each of the United Nations 
shall be understood to be subject to the exceptions 
customarily included in the commercial treaties con- 
cluded by that State. 

PART IX. SETTLEMENT OF DISPUTES 

Article 83. — 1. Any disputes which may arise in 
giving effect to Articles 75 and 78 and Annexes XIV, 
XV, XVI and XVII, part B, of the present Treaty 
shall be referred to a Conciliation Commission con- 
sisting of one representative of the Government of 
the United Nation concerned and one representative 
of the Government of Italy, having equal status. If 
within three months after the dispute has been 
referred to the Conciliation Commission no agree- 



53 

ment has been reached, either Government may ask 
for the addition to the Commission of a third member 
selected by mutual agreement of the two Govern- 
ments from nationals of a third country. Should the 
two Governments fail to agree within two months on 
the selection of a third member of the Commission, 
the Governments shall apply to the Ambassadors in 
Rome of the Soviet Union, of the United Kingdom, 
of the United States of America, and of France, who 
will appoint the third member of the Commission. 
If the Ambassadors are unable to agree within a 
period of one month upon the appointment of the 
third member, the Secretary-General of the United 
Nations may be requested by either party to make 
the appointment. 

2. When any Conciliation Commission is estab- 
lished under paragraph 1 above, it shall have juris- 
diction over all disputes which may thereafter arise 
between the United Nation concerned and Italy in 
the application or interpretation of Articles 75 and 
78 and Annexes XIV, XV, XVI, and XVII, part B, 
of the present Treaty, and shall perform the functions 
attributed to it by those provisions. 

3. Each Conciliation Commission shall determine 
its own procedure, adopting rules conforming to 
justice and equity. 

4. Each Government shall pay the salary of the 
member of the Conciliation Commission whom it 
appoints and of any agent whom it may designate to 
represent it before the Commission. The salary of 
the third member shall be fixed by special agreement 
between the Governments concerned and this salary, 
together with the common expenses of each Com- 
mission, shall be paid in equal shares by the two 
Governments. 

5. The parties undertake that their authorities 



54 

shall furnish directly to the Conciliation Commission 
all assistance which may be within their power. 

6. The decision of the majority of the members of 
the Commission shall be the decision of the Commis- 
sion, and shall be accepted by the parties as definitive 
and binding. 

PART X. MISCELLANEOUS ECONOMIC 
PROVISIONS 

Article 84.— Articles 75, 78, 82 and Annex XVII 
of the present Treaty shall apply to the Allied and 
Associated Powers and to those of the United Nations 
which broke off diplomatic relations with Italy or 
with which Italy broke off diplomatic relations. 
These Articles and this Annex shall also apply to 
Albania and Norway. 

Article 85. — The provisions of Annexes VIII, X, 
XIV, XV, XVI and XVII shall, as in the case of the 
other Annexes, have force and effect as integral parts 
of the present Treaty. 

PART XL FINAL CLAUSES 

Article 86. — 1. For a period not to exceed eighteen 
months from the coming into force of the present 
Treaty, the Ambassadors in Rome of the Soviet 
Union, of the United Kingdom, of the United States 
of America, and of France, acting in concert, will 
represent the Allied and Associated Powers in dealing 
with the Italian Government in all matters concern- 
ing the execution and interpretation of the present 
Treaty. 

2. The Four Ambassadors will give the Italian 
Government such guidance, technical advice and 
clarification as may be necessary to ensure the rapid 
and efficient execution of the present Treaty both in 
letter and in spirit. 



55 

3. The Italian Government shall afford to the said 
Four Ambassadors all necessary information and 
any assistance which they may require in the fulfil- 
ment of the tasks devolving on them under the present 
Treaty. 

Article 87. — 1. Except where another procedure 
is specifically provided under any Article of the 
present Treaty, any dispute concerning the inter- 
pretation or execution of the Treaty, which is not 
settled by direct diplomatic negotiations, shall be 
referred to the Four Ambassadors acting under 
Article 86 except that in this case the Ambassadors 
will not be restricted by the time limit provided in 
that Article. Any such dispute not resolved by 
them within a period of two months shall, unless the 
parties to the dispute mutually agree upon another 
means of settlement, be referred at the request of 
either party to the dispute to a Commission com- 
posed of one representative of each party and a 
third member selected by mutual agreement of the 
two parties from nationals of a third country. 
Should the two parties fail to agree within a period 
of one month upon the appointment of the third 
member, the Secretary-General of the United Nations 
may be requested by either party to make the ap- 
pointment. 

2. The decision of the majority of the members of 
the Commission shall be the decision of the Com- 
mission, and shall be accepted by the parties as 
definitive and binding. 

Article 88. — 1. Any member of the United 
Nations, not a signatory to the present Treaty, which 
is at war with Italy, and Albania, may accede to the 
Treaty and upon accession shall be deemed to be an 
Associated Power for the purposes of the Treaty. 

2. Instruments of accession shall be deposited 



56 

with the Government of the French Republic and 
shall take effect upon deposit. 

Article 89. — The provisions of the present Treaty 
shall not confer any rights or benefits on any State 
named in the Preamble as one of the Allied and Asso- 
ciated Powers or on its nationals until such State 
becomes a party to the Treaty by deposit of its in- 
strument of ratification. 

Article 90. — The present Treaty, of which the 
French, English and Russian texts are authentic, 
shall be ratified by the Allied and Associated Powers. 
It shall also be ratified by Italy. It shall come into 
force immediately upon the deposit of ratifications 
by the Union of Soviet Socialist Republics, by the 
United Kingdom of Great Britain and Northern 
Ireland, by the United States of America, and by 
France. The instruments of ratification shall, in 
the shortest time possible, be deposited with the 
Government of the French Republic. 

With respect to each Allied or Associated Power 
whose instrument of ratification is thereafter de- 
posited, the Treaty shall come into force upon the 
date of deposit. The present Treaty shall be de- 
posited in the archives of the Government of the 
French Republic, which shall furnish certified copies 
to each of the signatory States. 

LIST OF ANNEXES 

I. Maps (see separate volume) [not reproduced 

here] 
II. Franco-Italian Frontier: Detailed description 
of the sections of the frontier to which the 
modifications set out in Article 2 apply 
[not reproduced here] 
III. Guarantees in connection with Mont Cenis 
and the Tenda-Briga district [not reproduced 
here] 



57 

IV. Provisions agreed upon by the Austrian and 

Italian Governments on September 5, 1946. 

V. Water supply for Gorizia and vicinity [not 

reproduced here] 
VI. Permanent Statute of the Free Territory of 

Trieste 
VII. Instrument for the Provisional Regime of the 
Free Territory of Trieste 
VIII. Instrument for the Free Port of Trieste 
IX. Technical dispositions regarding the Free 

Territory of Trieste [not reproduced here] 
X. Economic and financial provisions relating to 
the Free Territory of Trieste [not reproduced 
here] 
XI. Joint declaration by the Governments of the 
Soviet Union, of the United Kingdom, of 
the United States of America, and of 
France concerning Italian territorial pos- 
sessions in Africa 
XII. List of Naval Units [not reproduced here]: 

A. To be retained by Italy 

B. To be handed over by Italy 

XIII. Definitions: 

A. Naval 

B. Military, Military Air and Naval Train- 

ing 

C. Definition and list of war material 

D. Definition of the terms "demilitarisa- 

tion" and "demilitarised" 

XIV. Economic and financial provisions relating to 

ceded territories 
XV. Special provisions relating to certain kinds of 
property : 

A. Industrial, Literary and Artistic Prop- 

erty 

B. Insurance 



58 

XVI. Contracts, Prescription and Negotiable In- 
struments 
XVII. Prize Courts and Judgments 

ANNEX IV. PROVISIONS AGREED UPON BY 
THE AUSTRIAN AND ITALIAN GOVERN- 
MENTS ON SEPTEMBER 5, 1946 

(Original English Text as Signed by the Two Parties 
and Communicated to the Paris Conference on 
September 6, 1946) 

(See Article 10) 

1. German-speaking inhabitants of the Bolzano 
Province and of the neighbouring bilingual town- 
ships of the Trento Province will be assured com- 
plete equality of rights with the Italian-speaking in- 
habitants, within the framework of special provisions 
to safeguard the ethnical character and the cultural 
and economic development of the German-speaking 
element. 

In accordance with legislation already enacted or 
awaiting enactment the said German-speaking citi- 
zens will be granted in particular: 

(a) elementary and secondary teaching in the 
mother-tongue ; 

(b) parification of the German and Italian lan- 
guages in public offices and official documents, as 
well as in bilingual topographic naming; 

(c) the right to re-establish German family names 
which were italianized in recent years; 

(d) equality of rights as regards the entering upon 
public offices, with a view to reaching a more appro- 
priate proportion of employment between the two 
ethnical groups. 

2. The populations of the above-mentioned zones 
will be granted the exercise of autonomous legislative 



59 

and executive regional power. The frame within 
which the said provisions of autonomy will apply, 
will be drafted in consultation also with local repre- 
sentative German-speaking elements. 

3. The Italian Government, with the aim of es- 
tablishing good neighbourhood relations between 
Austria and Italy, pledges itself, in consultation with 
the Austrian Government and within one year from 
the signing of the present Treaty: 

(a) to revise in a spirit of equity and broadmind- 
edness the question of the options for citizenship 
resulting from the 1939 Hitler-Mussolini agreements; 

(b) to find an agreement for the mutual recogni- 
tion of the validity of certain degrees and University 
diplomas ; 

(c) to draw up a convention for the free passengers 
and goods transit between northern and eastern 
Tyrol both by rail and, to the greatest possible ex- 
tent, by road; 

(d) to reach special agreements aimed at facilitat- 
ing enlarged frontier traffic and local exchanges of 
certain quantities of characteristic products and 
goods between Austria and Italy. 

ANNEX VI. PERMANENT STATUTE OF THE 
FREE TERRITORY OF TRIESTE 

(See Article 21) 

Article 1. Area of Free Territory. — The area of 
the Free Territory of Trieste shall be the territory 
within the frontiers described in Articles 4 and 22 
of the present Treaty as delimited in accordance 
with Article 5 of the Treaty. 

Article 2. Integrity and Independence. — The in- 
tegrity and independence of the Free Territory shall 
be assured by the Security Council of the United 

777534 — 48 5 



60 

Nations Organization. This responsibility implies 
that the Council shall: 

(a) ensure the observance of the present Statute 
and in particular the protection of the basic human 
rights of the inhabitants. 

(b) ensure the maintenance of public order and 
security in the Free Territory. 

Article 3. Demilitarisation and Neutrality. — 1. 
The Free Territory shall be demilitarised and de- 
clared neutral. 

2. No armed forces, except upon direction of the 
Security Council, shall be allowed in the Free 
Territory. 

3. No para-military formations, exercises or activ- 
ities shall be permitted within the Free Territory. 

4. The Government of the Free Territory shall not 
make or discuss any military arrangements or under- 
takings with any State. 

Article 4. Human Rights and Fundamental Free- 
doms. — The Constitution of the Free Territory shall 
ensure to all persons under the jurisdiction of the 
Free Territory, without distinction as to ethnic origin, 
sex, language or religion, the enjoyment of human 
rights and of the fundamental freedoms, including 
freedom of religious worship, language, speech and 
publication, education, assembly and association. 
Citizens of the Free Territory shall be assured of 
equality of eligibility for public office. 

Article 5. Civil and Political Rights. — No person 
who has acquired the citizenship of the Free Territory 
shall be deprived of his civil or political rights except 
as judicial punishment for the infraction of the penal 
laws of the Free Territory. 

Article 6. Citizenship. — 1. Italian citizens who 
were domiciled on June 10, 1940, in the area com- 
prised within the boundaries of the Free Territory, 
and their children born after that date, shall become 



61 

original citizens of the Free Territory with full civil 
and political rights. Upon becoming citizens of the 
Free Territory they shall lose their Italian citizenship. 

2. The Government of the Free Territory shall, 
however, provide that the persons referred to in 
paragraph 1 over the age of eighteen years (or 
married persons whether under or over that age) 
whose customary language is Italian shall be entitled 
to opt for Italian citizenship within six months from 
the coming into force of the Constitution under con- 
ditions to be laid down therein. Any person so 
opting shall be considered to have re-acquired Italian 
citizenship. The option of the husband shall not 
constitute an option on the part of the wife. Option 
on the part of the father, or if the father is not alive, 
on the part of the mother, shall, however, automati- 
cally include all unmarried children under the age of 
eighteen years. 

3. The Free Territory may require those who take 
advantage of the option to move to Italy within a 
year from the date on which the option was exercised. 

4. The conditions for the acquisition of citizenship 
by persons not qualifying for original citizenship shall 
be determined by the Constituent Assembly of the 
Free Territory and embodied in the Constitution. 
Such conditions shall, however, exclude the acquisi- 
tion of citizenship by members of the former Italian 
Fascist Police (O. V. R. A.) who have not been exon-, 
erated by the competent authorities, including the 
Allied Military Authorities who were responsible for 
the administration of the area. 

Article 7. Official Languages. — The official lan- 
guages of the Free Territory shall be Italian and 
Slovene. The Constitution shall determine in what 
circumstances Croat may be used as a third official 
language. 

Article 8. Flag and Coat-of-Arms. — The Free 



62 

Territory shall have its own flag and coat-of-arms. 
The flag shall be the traditional flag of the City of 
Trieste and the arms shall be its historic coat-of- 
arms. 

Article 9. Organs of Government. — For the govern- 
ment of the Free Territory there shall be a Governor, 
a Council of Government, a popular Assembly elected 
by the people of the Free Territory and a Judiciary, 
whose respective powers shall be exercised in accord- 
ance with the provisions of the present Statute and 
of the Constitution of the Free Territory. 

Article 10. Constitution. — 1. The Constitution of 
the Free Territory shall be established in accordance 
with democratic principles and adopted by a Con- 
stituent Assembly with a two-thirds majority of the 
votes cast. The Constitution shall be made to con- 
form to the provisions of the present Statute and 
shall not enter into force prior to the coming into force 
of the Statute. 

2. If in the opinion of the Governor any provisions 
of the Constitution proposed by the Constituent 
Assembly or any subsequent amendments thereto are 
in contradiction to the Statute he may prevent their 
entry into force, subject to reference to the Security 
Council if the Assembly does not accept his views 
and recommendations. 

Article 11. Appointment of the Governor, — 1. The 
Governor shall be appointed by the Security Council 
after consultation with the Governments of Yugo- 
slavia and Italy. He shall not be a citizen of 
Yugoslavia or Italy or of the Free Territory. He 
shall be appointed for five years and may be reap- 
pointed. His salary and allowances shall be borne 
by the United Nations. 

2. The Governor may authorize a person selected 
by him to act for him in the event of his temporary 
absence or temporary inability to perform his duties. 



63 

3. The Security Council, if it considers that the 
Governor has failed to carry out his duties, may 
suspend him and, under appropriate safeguards of 
investigation and hearing, dismiss him from his office. 
In the event of his suspension or dismissal or in the 
event of his death or disability the Security Council 
may designate or appoint another person to act as 
Provisional Governor until the Governor recovers 
from his disability or a new Governor is appointed. 

Article 12. Legislative Authority. — The legislative 
authority shall be exercised by a popular Assembly 
consisting of a single chamber elected on the basis of 
proportional representation, by the citizens of both 
sexes of the Free Territory. The elections for the 
Assembly shall be conducted on the basis of uni- 
versal, equal, direct and secret suffrage. 

Article 13. Council of Government. — 1. Subject 
to the responsibilities vested in the Governor under 
the present Statute, executive authority in the Free 
Territory shall be exercised by a Council of Govern- 
ment which will be formed by the popular Assembly 
and will be responsible to the Assembly. 

2. The Governor shall have the right to be present 
at all meetings of the Council of Government. He 
may express his views on all questions affecting his 
responsibilities. 

3. When matters affecting their responsibilities are 
discussed by the Council of Government, the Director 
of Public Security and the Director of the Free Port 
shall be invited to attend meetings of the Council 
and to express their views. 

Article 14. Exercise of Judicial Authority. — The 
judicial authority in the Free Territory shall be 
exercised by tribunals established pursuant to the 
Constitution and laws of the Free Territory. 

Article 15. Freedom and Independence of Judi- 
ciary. — The Constitution of the Free Territory shall 



64 

guarantee the complete freedom and independence of 
the Judiciary and shall provide for appellate juris- 
diction. 

Article 16. Appointment of Judiciary, — 1. The 
Governor shall appoint the Judiciary from among 
candidates proposed by the Council of Government 
or from among other persons, after consultation with 
the Council of Government, unless the Constitution 
provides for a different manner for filling judicial 
posts; and, subject to safeguards to be established by 
the Constitution, may remove members of the 
Judiciary for conduct incompatible with their judicial 
office. 

2. The popular Assembly, by a two-thirds majority 
of votes cast, may request the Governor to investigate 
any charge brought against a member of the Judiciary 
which, if proved, would warrant his suspension or 
removal. 

Article 17. Responsibility of the Governor to the 
Security Council. — 1. The Governor, as the repre- 
sentative of the Security Council, shall be responsible 
for supervising the observance of the present Statute 
including the protection of the basic human rights of 
the inhabitants and for ensuring that public order 
and security are maintained by the Government of 
the Free Territory in accordance with the present 
Statute, the Constitution and laws of the Free 
Territory. 

2. The Governor shall present to the Security 
Council annual reports concerning the operation of 
the Statute and the performance of his duties. 

Article 18. Rights of the Assembly. — The popular 
Assembly shall have the right to consider and discuss 
any matters affecting the interests of the Free Ter- 
ritory. 

Article 19. Enactment of Legislation. — 1. Legis- 
lation may be initiated by members of the popular 



65 

Assembly and by the Council of Government as well 
as by the Governor in matters which in his view affect 
the responsibilities of the Security Council as defined 
in Article 2 of the present Statute. 

2. No law shall enter into force until it shall have 
been promulgated. The promulgation of laws shall 
take place in accordance with the provisions of the 
Constitution of the Free Territory. 

3. Before being promulgated legislation enacted by 
the Assembly shall be presented to the Governor. 

4. If the Governor considers that such legislation 
is in contradiction to the present Statute, he may, 
within ten days following presentation of such legis- 
lation to him, return it to the Assembly with his 
comments and recommendations. If the Governor 
does not return the legislation within such ten days 
or if he advises the Assembly within such period that 
it calls for no comments or recommendation on his 
part, the legislation shall be promulgated forthwith. 

5. If the Assembly makes manifest its refusal to 
withdraw legislation returned to the Assembly by 
the Governor or to amend it in conformity with his 
comments or recommendations, the Governor shall, 
unless he is prepared to withdraw his comments or 
recommendations, in which case the law shall be 
promulgated forthwith, immediately report the mat- 
ter to the Security Council. The Governor shall 
likewise transmit without delay to the Security 
Council any communication which the Assembly 
may wish to make to the Council on the matter. 

6. Legislation which forms the subject of a report 
to the Security Council under the provisions of the 
preceding paragraph shall only be promulgated by 
the direction of the Security Council. 

Article 20. Rights of the Governor with Respect to 
Administrative Measures. — 1. The Governor may re- 
quire the Council of Government to suspend ad- 



66 

ministrative measures which in his view conflict with 
his responsibilities as defined in the present Statute 
(observance of the Statute; maintenance of public 
order and security ; respect for human rights) . Should 
the Council of Government object, the Governor may 
suspend these administrative measures and the 
Governor or the Council of Government may refer the 
whole question to the Security Council for decision. 

2. In matters affecting his responsibilities as de- 
fined in the Statute the Governor may propose to 
the Council of Government the adoption of any ad- 
ministrative measures. Should the Council of Govern- 
ment not accept such proposals the Governor may, 
without prejudice to Article 22 of the present Statute, 
refer the matter to the Security Council for decision. 

Article 21. Budget. — 1. The Council of Govern- 
ment shall be responsible for the preparation of the 
budget of the Free Territory, including both revenue 
and expenditure, and for its submission to the popula) 
Assembly. 

2. If the Assembly should fail to vote the budget 
within the proper time limit, the provisions of the 
budget for the preceding period shall be applied to 
the new budgetary period until such time as the new 
budget shall have been voted. 

Article 22. Special Powers of the Governor. — 1. 
In order that he may carry out his responsibilities to 
the Security Council under the present Statute, the 
Governor may, in cases which in his opinion permit 
of no delay, threatening the independence or in- 
tegrity of the Free Territory, public order or respect 
of human rights, directly order and require the 
execution of appropriate measures subject to an im- 
mediate report thereon being made by him to the 
Security Council. In such circumstances the Gover- 
nor may himself assume, if he deems it necessary, 
control of the security services. 



67 

2. The popular Assembly may petition the Security 
Council concerning any exercise by the Governor 
of his powers under paragraph 1 of this Article. 

Article 23. Power of Pardon and Reprieve. — The 
power of pardon and reprieve shall be vested in the 
Governor and shall be exercised by him in accordance 
with provisions to be laid down in the Constitution. 

Article 24. Foreign Relations. — 1. The Governor 
shall ensure that the foreign relations of the Free 
Territory shall be conducted in conformity with the 
Statute, Constitution, and laws of the Free Territory. 
To this end the Governor shall have authority to 
prevent the entry into force of treaties or agreements 
affecting foreign relations which, in his judgment, 
conflict with the Statute, Constitution or laws of the 
Free Territory. 

2. Treaties and agreements, as well as exequaturs 
and consular commissions, shall be signed jointly by 
the Governor and a representative of the Council of 
Government. 

3. The Free Territory may be or become a party 
to international conventions or become a member of 
international organizations provided the aim of such 
conventions or organizations is to settle economic, 
technical, cultural, social or health questions. 

4. Economic union or associations of an exclusive 
character with any State are incompatible with the 
status of the Free Territory. 

5. The Free Territory of Trieste shall recognize the 
full force of the Treaty of Peace with Italy, and shall 
give effect to the applicable provisions of that Treaty. 
The Free Territory shall also recognize the full force 
of the other agreements or arrangements which have 
been or will be reached by the Allied and Associated 
Powers for the restoration of peace. 

Article 25. Independence of the Governor and 
Staff. — In the performance of their duties, the Gov- 



68 

ernor and his staff shall not seek or receive instruc- 
tions from any Government or from any other 
authority except the Security Council. They shall 
refrain from any act which might reflect on their 
position as international officials responsible only to 
the Security Council. 

Article 26. Appointment and Removal of Adminis- 
trative Officials. — 1. Appointments to public office in 
the Free Territory shall be made exclusively on the 
ground of ability, competence and integrity. 

2. Administrative officials shall not be removed 
from office except for incompetence or misconduct 
and such removal shall be subject to appropriate 
safeguards of investigation and hearing to be estab- 
lished by law. 

Article 27. Director of Public Security. — 1. The 
Council of Government shall submit to the Governor 
a list of candidates for the post of Director of Public 
Security. The Governor shall appoint the Director 
from among the candidates presented to him, or from 
among other persons, after consultation with the 
Council of Government. He may also dismiss the 
Director of Public Security after consultation with 
the Council of Government. 

2. The Director of Public Security shall not be a 
citizen of Yugoslavia or Italy. 

3. The Director of Public Security shall normally 
be under the immediate authority of the Council of 
Government from which he will receive instructions 
on matters within his competence. 

4. The Governor shall: 

{a) receive regular reports from the Director of 
Public Security, and consult with him on any matters 
coming within the competence of the Director. 

(b) be informed by the Council of Government of 
its instructions to the Director of Public Security and 
may express his opinion thereon. 



69 

Article 28. Police Force. — 1. In order to preserve 
public order and security in accordance with the 
Statute, the Constitution and the laws of the Free 
Territory, the Government of the Free Territory 
shall be empowered to maintain a police force and 
security services. 

2. Members of the police force and security serv- 
ices shall be recruited by the Director of Public 
Security and shall be subject to dismissal by him. 

Artilce 29. Local Government. — The Constitution 
of the Free Territory shall provide for the establish- 
ment on the basis of proportional representation of 
organs of local government on democratic principles, 
including universal, equal, direct and secret suffrage. 

Article 30. Monetary System. — The Free Terri- 
tory shall have its own monetary system. 

Article 31. Railways. — Without prejudice to its 
proprietary rights over the railways within its 
boundaries and its control of the railway administra- 
tion, the Free Territory may negotiate with Yugo- 
slavia and Italy agreements for the purpose of 
ensuring the efficient and economical operation of its 
railways. Such agreements would determine where 
responsibility lies for the operation of the railways in 
the direction of Yugoslavia or Italy respectively and 
also for the operation of the railway terminal of 
Trieste and of that part of the line which is common 
to all. In the latter case such operation may be 
effected by a special commission comprised of repre- 
sentatives of the Free Territory, Yugoslavia and Italy 
under the chairmanship of the representative of the 
Free Territory. 

Article 32. Commercial Aviation. — 1. Commer- 
cial aircraft registered in the territory of any one of 
the United Nations which grants on its territory the 
same rights to commercial aircraft registered in the 
Free Territory, shall be granted international com- 



70 

mercial aviation rights, including the right to land 
for refueling and repairs, to fly over the Free Territory 
without landing and to use for traffic purposes such 
airports as may be designated by the competent 
authorities of the Free Territory. 

2. These rights shall not be subject to any re- 
strictions other than those imposed on a basis of non- 
discrimination by the laws and regulations in force in 
the Free Territory and in the countries concerned or 
resulting from the special character of the Free 
Territory as neutral and demilitarized. 

Article 33. Registration of Vessels. — 1. The Free 
Territory is entitled to open registers for the registra- 
tion of ships and vessels owned by the Government 
of the Free Territory or by persons or organizations 
domiciled within the Free Territory. 

2. The Free Territory shall open special maritime 
registers for Czechoslovak and Swiss ships and 
vessels upon request of the Governments, as well as 
for Hungarian and Austrian ships and vessels upon 
the request of these Governments after the conclusion 
of the Treaty of Peace with Hungary and the treaty 
for the reestablishment of the independence of 
Austria respectively. Ships and vessels entered in 
these registers shall fly the flags of their respective 
countries. 

3. In giving effect to the foregoing provisions, and 
subject to any international convention which may 
be entered into concerning these questions, with the 
participation of the Government of the Free Terri- 
tory, the latter shall be entitled to impose such con- 
ditions governing the registration, retention on and 
removal from the registers as shall prevent any 
abuses arising from the facilities thus granted. In 
particular as regards ships and vessels registered 
under paragraph 1 above, registration shall be 
limited to ships and vessels controlled from the Free 



71 

Territory and regularly serving the needs or the 
interests of the Free Territory. In the case of ships 
and vessels registered under paragraph 2 above, 
registration shall be limited to ships and vessels 
based on the Port of Trieste and regularly and per- 
manently serving the needs of their respective 
countries through the Port of Trieste. 

Article 34. Free Port. — A free port shall be estab- 
lished in the Free Territory and shall be administered 
on the basis of the provisions of an international 
instrument drawn up by the Council of Foreign 
Ministers, approved by the Security Council, and 
annexed to the present Treaty (Annex VIII). The 
Government of the Free Territory shall enact all 
necessary legislation and take all necessary steps to 
give effect to the provisions of such instrument. 

Article 35. Freedom of Transit. — Freedom of 
transit shall, in accordance with customary inter- 
national agreements, be assured by the Free Territory 
and the States whose territories are traversed to 
goods transported by railroad between the Free Port 
and the States which it serves, without any dis- 
crimination and without customs duties or charges 
other than those levied for services rendered. 

Article 36. Interpretation of Statute. — Except 
where another procedure is specifically provided 
under any Article of the present Statute, any dispute 
relating to the interpretation or execution of the 
Statute, not resolved by direct negotiations, shall, 
unless the parties mutually agree upon another 
means of settlement, be referred at the request of 
either party to the dispute to a Commission com- 
posed of one representative of each party and a third 
member selected by mutual agreement of the two 
parties from nationals of a third country. Should 
the two parties fail to agree within a period of one 
month upon the appointment of the third member, 



72 

the Secretary-General of the United Nations may be 
requested by either party to make the appointment. 
The decision of the majority of the members of the 
Commission shall be the decision of the Commission, 
and shall be accepted by the parties as definitive and 
binding. 

Article 37. Amendment of Statute. — This Statute 
shall constitute the permanent Statute of the Free 
Territory, subject to any amendment which may 
hereafter be made by the Security Council. Petitions 
for the amendment of the Statute may be presented 
to the Security Council by the popular Assembly 
upon a vote taken by a two-thirds majority of the 
votes cast. 

Article 38. Coming into Force of Statute. — The 
present Statute shall come into force on a date which 
shall be determined by the Security Council of the 
United Nations Organisation. 

ANNEX VII. INSTRUMENT FOR THE PRO- 
VISIONAL REGIME OF THE FREE TERRI- 
TORY OF TRIESTE 

(See Article 21) 

The present provisions shall apply to the adminis- 
tration of the Free Territory of Trieste pending the 
coming into force of the Permanent Statute. 

Article 1. — The Governor shall assume office in 
the Free Territory at the earliest possible moment 
after the coming into force of the present Treaty. 
Pending assumption of office by the Governor, the 
Free Territory shall continue to be administered by 
the Allied military commands within their respective 
zones. 

Article 2. — On assuming office in the Free Terri- 
tory of Trieste the Governor shall be empowered to 
select from among persons domiciled in the Free 



73 

Territory and after consultation with the Govern- 
ments of Yugoslavia and Italy a Provisional Council 
of Government. The Governor shall have the right 
to make changes in the composition of the Pro- 
visional Council of Government whenever he deems 
it necessary. The Governor and the Provisional 
Council of Government shall exercise their functions 
in the manner laid down in the provisions of the Per- 
manent Statute as and when these provisions prove 
to be applicable and in so far as they are not super- 
seded by the present Instrument. Likewise all other 
provisions of the Permanent Statute shall be ap- 
plicable during the period of the Provisional Regime 
as and when these provisions prove to be applicable 
and in so far as they are not superseded by the present 
Instrument. The Governor's actions will be guided 
mainly by the needs of the population and its well 
being. 

Article 3. — The seat of Government will be 
established in Trieste. The Governor will address 
his reports directly to the Chairman of the Security 
Council and will, through that channel, supply the 
Security Council with all necessary information on 
the administration of the Free Territory. 

Article 4. — The first concern of the Governor 
shall be to ensure the maintenance of public order and 
security. He shall appoint on a provisional basis a 
Director of Public Security, who will reorganize and 
administer the police force and security services. 

Article 5. — (a) From the coming into force of the 
present Treaty, troops stationed in the Free Territory 
shall not exceed 5,000 men for the United Kingdom, 
5,000 men for the United States of America and 5,000 
men for Yugoslavia. 

(b) These troops shall be placed at the disposal 
of the Governor for a period of 90 days after his as- 
sumption of office in the Free Territory. As from 



74 

the end of that period, they will cease to be at the 
disposal of the Governor and will be withdrawn from 
the Territory within a further period of 45 days, 
unless the Governor advises the Security Council that,, 
in the interests of the Territory, some or all of them 
should not, in his view, be withdrawn. In the latter 
event, the troops required by the Governor shall 
remain until not later than 45 days after the Governor 
has advised the Security Council that the security 
services can maintain internal order in the Territory 
without the assistance of foreign troops. 

(c) The withdrawal prescribed in paragraph (b) 
shall be carried out so as to maintain, in so far as 
possible, the ratio prescribed in paragraph (a) 
between the troops of the three Powers concerned. 

Article 6. — The Governor shall have the right 
at any time to call upon the Commanders of such 
contingents for support and such support shall be 
given promptly. The Governor shall, whenever 
possible, consult with the Commanders concerned 
before issuing his instructions but shall not interfere 
with the military handling of the forces in the dis- 
charge of his instructions. Each Commander has 
the right to report to his Government the instructions 
which he has received from the Governor, informing 
the Governor of the contents of such reports. The 
Government concerned shall have the right to refuse 
the participation of its forces in the operation in 
question, informing the Security Council accordingly. 

Article 7. — The necessary arrangements relating 
to the stationing, administration and supply of the 
military contingents made available by the United 
Kingdom, the United States of America, and Yugo- 
slavia shall be settled by agreement between the 
Governor and the Commanders of those contingents. 

Article 8. — The Governor, in consultation with 
the Provincial Council of Government, shall be 



75 

responsible for organizing the elections of Members 
of the Constituent Assembly in accordance with the 
conditions provided for in the Statute for elections 
to the popular Assembly. 

The elections shall be held not later than four 
months after the Governor's assumption of office. 
In case this is technically impossible the Governor 
shall report to the Security Council. 

Article 9. — The Governor will, in consultation 
with the Provisional Council of Government, pre- 
pare the provisional budget and the provisional 
export and import programmes and will satisfy him- 
self that appropriate arrangements are made by the 
Provisional Council of Government for the ad- 
ministration of the finances of the Free Territory. 

Article 10. — Existing laws and regulations shall 
remain valid unless and until revoked or suspended 
by the Governor. The Governor shall have the right 
to amend existing laws and regulations and to in- 
troduce new laws and regulations in agreement with 
the majority of the Provisional Council of Govern- 
ment. Such amended and new laws and regulations, 
as well as the acts of the Governor in regard to the 
revocation or suspension of laws and regulations, 
shall be valid unless and until they are amended, 
revoked or superseded by acts of the popular As- 
sembly or the Council of Government within their 
respective spheres after the entry into force of the 
Constitution. 

Article 11. — Pending the establishment of a 
separate currency regime for the Free Territory the 
Italian lira shall continue to be the legal tender 
within the Free Territory. The Italian Government 
shall supply the foreign exchange and currency needs 
of the Free Territory under conditions no less favor- 
able than those applying in Italy. 

777534 — 48 6 



76 

Italy and the Free Territory shall enter into an 
agreement to give effect to the above provisions as 
well as to provide for any settlement between the two 
Governments which may be required. 

ANNEX VIII. INSTRUMENT FOR THE FREE 
PORT OF TRIESTE 

Article 1. — 1. In order to ensure that the port 
and transit facilities of Trieste will be available for 
use on equal terms by all international trade and by 
Yugoslavia, Italy and the States of Central Europe, 
in such manner as is customary in other free ports 
of the world: 

(a) There shall be a customs free port in the Free 
Territory of Trieste within the limits provided for 
by or established in accordance with Article 3 of the 
present Instrument. 

(b) Goods passing through the Free Port of Trieste 
shall enjoy freedom of transit as stipulated in Article 
16 of the present Instrument. 

2. The international regime of the Free Port shall 
be governed by the provisions of the present In- 
strument. 

Article 2. — 1. The Free Port shall be established 
and administered as a State corporation of the Free 
Territory, having all the attributes of a juridical 
person and functioning in accordance with the pro- 
visions of this Instrument. 

2. All Italian state and para-statal property 
within the limits of the Free Port which, according 
to the provisions of the present Treaty, shall pass to 
the Free Territory shall be transferred, without pay- 
ment, to the Free Port. 

Article 3. — 1. The area of the Free Port shall in- 
clude the territory and installations of the free zones 
of the port of Trieste within the limits of the 1939 
boundaries. 



77 

2. The establishment of special zones in the Free 
Port under the exclusive jurisdiction of any State is 
incompatible with the status of the Free Territory 
and of the Free Port. 

3. In order, however, to meet the special needs of 
Yugoslav and Italian shipping in the Adriatic, the 
Director of the Free Port, on the request of the Yugo- 
slav or Italian Government and with the concurring 
advice of the International Commission provided for 
in Article 21 below, may reserve to merchant vessels 
flying the flags of either of these two States the 
exclusive use of berthing spaces within certain parts 
of the area of the Free Port. 

4. In case it shall be necessary to increase the area 
of the Free Port such increase may be made upon the 
proposal of the Director of the Free Port by decision 
of the Council of Government with the approval of 
the popular Assembly. 

Article 4. — Unless otherwise provided for by the 
present Instrument the laws and regulations in force 
in the Free Territory shall be applicable to persons 
and property within the boundaries of the Free Port 
and the authorities responsible for their application 
in the Free Territory shall exercise their functions 
within the limits of the Free Port. 

Article 5. — 1. Merchant vessels and goods of all 
countries shall be allowed unrestricted access to the 
Free Port for loading and discharge both for goods in 
transit and goods destined for or proceeding from the 
Free Territory. 

2. In connection with importation into or exporta- 
tion from or transit through the Free Port, the 
authorities of the Free Territory shall x not levy on 
such goods customs duties or charges other than those 
levied for services rendered. 

3. However, in respect of goods, imported through 
the Free Port for consumption within the Free Terri- 



78 

tory or exported from this Territory through the 
Free Port, appropriate legislation and regulations in 
force in the Free Territory shall be applied. 

Article 6. — Warehousing, storing, examining, 
sorting, packing and repacking and similar activities 
which have customarily been carried on in the free 
zones of the port of Trieste shall be permitted in the 
Free Port under the general regulations established 
by the Director of the Free Port. 

Article 7. — 1. The Director of the Free Port may 
also permit the processing of goods in the Free Port. 

2. Manufacturing activities in the Free Port shall 
be permitted to those enterprises which existed in 
the free zones of the port of Trieste before the coming 
into force of the present Instrument. Upon the pro- 
posal of the Director of the Free Port, the Council of 
Government may permit the establishment of new 
manufacturing enterprises within the limits of the 
Free Port. 

Article 8. — Inspection by the authorities of the 
Free Territory shall be permitted within the Free 
Port to the extent necessary to enforce the customs 
or other regulations of the Free Territory for the 
prevention of smuggling. 

Article 9. — 1. The authorities of the Free Terri- 
tory will be entitled to fix and levy harbour dues in 
the Free Port. 

2. The Director of the Free Port shall fix all 
charges for the use of the facilities and services of the 
Free Port. Such charges shall be reasonable and be 
related to the cost of operation, administration, main- 
tenance and development of the Free Port. 

Article 10. — In the fixing and levying in the Free 
Port of harbour dues and other charges under Article 
9 above, as well as in the provision of the services and 
facilities of the Free Port, there shall be no discrimi- 



79 

nation in respect of the nationality of the vessels, the 
ownership of the goods or on any other grounds. 

Article 11. — The passage of all persons into and 
out of the Free Port area shall be subject to such 
regulations as the authorities of the Free Territory 
shall establish. These regulations, however, shall be 
established in such a manner as not unduly to impede 
the passage into and out of the Free Port of nationals 
of any State who are engaged in any legitimate 
pursuit in the Free Port area. 

Article 12. — The rules and by-laws operative in 
the Free Port and likewise the schedules of charges 
levied in the Free Port must be made public. 

Article 13. — Coastwise shipping and coastwise 
trade within the Free Territory shall be carried on in 
accordance with regulations issued by the authorities 
of the Free Territory, the provisions of the present 
Instrument not being deemed to impose upon such 
authorities any restrictions in this respect. 

Article 14. — Within the boundaries of the Free 
Port, measures for the protection of health and 
measures for combating animal and plant diseases in 
respect of vessels and cargoes shall be applied by the 
authorities of the Free Territory. 

Article IS. — It shall be the duty of the authorities 
of the Free Territory to provide the Free Port with 
water supplies, gas, electric light and power communi- 
cations, drainage facilities and other public services 
and also to ensure police and fire protection. 

Article 16. — 1. Freedom of transit shall, in ac- 
cordance with customary international agreements, 
be assured by the Free Territory and the States whose 
territories are traversed to goods transported by 
railroad between the Free Port and the States which 
it serves, without any discrimination and without 
customs duties or charges other than those levied 
for services rendered. 



80 

2. The Free Territory and the States assuming 
the obligations of the present Instrument through 
whose territory such traffic passes in transit in either 
direction shall do all in their power to provide the 
best possible facilities in all respects for the speedy 
and efficient movement of such traffic at a reasonable 
cost, and shall not apply with respect to the move- 
ment of goods to and from the Free Port any dis- 
criminatory measures with respect to rates, services, 
customs, sanitary, police or any other regulations. 

3. The States assuming the obligations of the 
present Instrument shall take no measures regarding 
regulations or rates which would artificially divert 
traffic from the Free Port for the benefit of other 
seaports. Measures taken by the Government of 
Yugoslavia to provide for traffic to ports in southern 
Yugoslavia shall not be considered as measures 
designed to divert traffic artificially. 

Article 17. — The Free Territory and the States 
assuming the obligations of the present Instrument 
shall, within their respective territories and on non- 
discriminatory terms, grant in accordance with 
customary international agreements freedom of postal,, 
telegraphic, and telephonic communications between 
the Free Port area and any country for such com- 
munications as originate in or are destined for the 
Free Port area. 

Article 18. — 1. The administration of the Free 
Port shall be carried on by the Director of the Free 
Port who will represent it as a juridical person. The 
Council of Government shall submit to the Governor 
a list of qualified candidates for the post of Director 
of the Free Port. The Governor shall appoint the 
Director from among the candidates presented to 
him after consultation with the Council of Govern- 
ment. In case of disagreement the matter shall be 
referred to the Security Council. The Governor majr 



81 

also dismiss the Director upon the recommendation 
of the International Commission or the Council of 
Government. 

2. The Director shall not be a citizen of Yugo- 
slavia or Italy. 

3. All other employees of the Free Port will be 
appointed by the Director. In all appointments of 
employees preference shall be given to citizens of the 
Free Territory. 

Article 19. — Subject to the provisions of the 
present Instrument, the Director of the Free Port 
shall take all reasonable and necessary measures for 
the administration, operation, maintenance and 
development of the Free Port as an efficient port 
adequate for the prompt handling of all the traffic 
of that port. In particular, the Director shall be re- 
sponsible for the execution of all kinds of port works 
in the Free Port, shall direct the operation of port 
installations and other port equipment, shall es- 
tablish, in accordance with legislation of the Free 
Territory, conditions of labour in the Free Port, and 
shall also supervise the execution in the Free Port 
of orders and regulations of the authorities of the 
Free Territory in respect to navigation. 

Article 20. — 1. The Director of the Free Port 
shall issue such rules and bye-laws as he considers 
necessary in the exercise of his functions as pre- 
scribed in the preceding Article. 

2. The autonomous budget of the Free Port will 
be prepared by the Director, and will be approved 
and applied in accordance with legislation to be 
established by the popular Assembly of the Free 
Territory. 

3. The Director of the Free Port shall submit an 
annual report on the operations of the Free Port to 
the Governor and the Council of Government of the 



82 

Free Territory. A copy of the report shall be trans- 
mitted to the International Commission. 

Article 21. — 1. There shall be established an 
International Commission of the Free Port, herein- 
after called "the International Commission", con- 
sisting of one representative from the Free Territory 
and from each of the following States: France, the 
United Kingdom of Great Britain and Northern Ire- 
land, the Union of Soviet Socialist Republics, the 
United States of America, the People's Federal 
Republic of Yugoslavia, Italy, Czechoslovakia, Po- 
land, Switzerland, Austria and Hungary, provided 
that such State has assumed the obligations of the 
present Instrument. 

2. The representative of the Free Territory shall 
be the permanent Chairman of the International 
Commission. In the event of a tie in voting, the 
vote cast by the Chairman shall be decisive. 

Article 22. — The International Commission shall 
have its seat in the Free Port. Its offices and activi- 
ties shall be exempt from local jurisdiction. The 
members and officials of the International Commis- 
sion shall enjoy in the Free Territory such privileges 
and immunities as are necessary for the independent 
exercise of their functions. The International Com- 
mission shall decide upon its own secretariat, pro- 
cedure and budget. The common expenses of the 
International Commission shall be shared by mem- 
ber States in an equitable manner as agreed by them 
through the International Commission. 

Article 23. — The International Commission shall 
have the right to investigate and consider all matters 
relating to the operation, use, and administration of 
the Free Port or to the technical aspects of transit 
between the Free Port and the States which it serves, 
including unification of handling procedures. The 
International Commission shall act either on its own 



83 

initiative or when such matters have been brought 
to its attention by any State or by the Free Territory 
or by the Director of the Free Port. The Inter- 
national Commission shall communicate its views or 
recommendations on such matters to the State or 
States concerned, or to the Free Territory, or to the 
Director of the Free Port. Such recommendations 
shall be considered and the necessary measures shall 
be taken. Should the Free Territory or the State 
or States concerned deem, however, that such 
measures would be inconsistent with the provisions 
of the present Instrument, the matter may at the 
request of the Free Territory or any interested State 
be dealt with as provided in Article 24 below. 

Article 24. — Any dispute relating to the interpre- 
tation or execution of the present Instrument, not 
resolved by direct negotiations, shall, unless the 
parties mutually agree upon another means of 
settlement, be referred at the request of either party 
to the dispute to a Commission composed of one 
representative of each party and a third member 
selected by mutual agreement of the two parties 
from nationals of a third country. Should the two 
parties fail to agree within a period of one month 
upon the appointment of the third member, the 
Secretary-General of the United Nations may be 
requested by either party to make the appointment. 
The decision of the majority of the member of the 
Commission shall be the decision of the Commission, 
and shall be accepted by the parties as definitive and 
binding. 

Article 25. — Proposals for amendments to the 
present Instrument may be submitted to the Security 
Council by the Council of Government of the Free 
Territory or by three or more States represented on 
the International Commission. An amendment ap- 



84 

proved by the Security Council shall enter into force 
on the date determined by the Security Council. 

Article 26. — For the purposes of the present In- 
strument a State shall be considered as having as- 
sumed the obligations of this Instrument if it is a 
party to the Treaty of Peace with Italy or has noti- 
fied the Government of the French Republic of its 
assumption of such obligations. 

ANNEX XL JOINT DECLARATION BY THE 
GOVERNMENTS OF THE SOVIET UNION, 
OF THE UNITED KINGDOM, OF THE 
UNITED STATES OF AMERICA AND OF 
FRANCE CONCERNING ITALIAN TERRI- 
TORIAL POSSESSIONS IN AFRICA 

(See Article 23) 

1. The Governments of the Union of Soviet Social- 
ist Republics, of the United Kingdom of Great 
Britain and Northern Ireland, of the United States 
of America, and of France agree that they will, within 
one year from the coming into force of the Treaty of 
Peace with Italy bearing the date of February 10, 
1947, jointly determine the final disposal of Italy's 
territorial possessions in Africa, to which, in accord- 
ance with Article 23 of the Treaty, Italy renounces 
all right and title. 

2. The final disposal of the territories concerned 
and the appropriate adjustment of their boundaries 
shall be made by the Four Powers in the light of the 
wishes and welfare of the inhabitants and the inter- 
ests of peace and security, taking into consideration 
the views of other interested Governments. 

3. If with respect to any of these territories the 
Four Powers are unable to agree upon their disposal 
within one year from the coming into force of the 



85 

Treaty of Peace with Italy, the matter shall be re- 
ferred to the General Assembly of the United Nations 
for a recommendation, and the Four Powers agree to 
accept the recommendation and to take appropriate 
measures for giving effect to it. 

* 4. The Deputies of the Foreign Ministers shall con- 
tinue the consideration of the question of the dis- 
posal of the former Italian Colonies with a view to 
submitting to the Council of Foreign Ministers their 
recommendations on this matter. , They shall also 
send out commissions of investigation to any of the 
former Italian Colonies in order to supply the Dep- 
uties with the necessary data on this question and 
to ascertain the views of the local population. 

ANNEX XIII. DEFINITIONS 

A. Naval 
(See Article 59) 

Standard Displacement. — The standard displace- 
ment of a surface vessel is the displacement of the 
vessel, complete, fully manned, engined and equipped 
ready for sea, including all armament and ammuni- 
tion, equipment, outfit, provisions and fresh water 
for crew, miscellaneous stores and implements of 
every description that are intended to be carried in 
war, but without fuel or reserve feed water on board. 

The standard displacement is expressed in tons of 
2,240 lbs. (1,016 Kgs). 

War Vessel. — A war vessel, whatever its displace- 
ment, is: 

1. A vessel specifically built or adapted as a fight- 
ing unit for naval, amphibious or naval air warfare; or 



86 

2. A vessel which has one of the following charac- 
teristics: 

(a) mounts a gun with a calibre exceeding 4.7 
inches (120 mm.); 

(b) mounts more than four guns with a calibre 
exceeding 3 inches (76 mm.) ; 

(c) is designed or fitted to launch torpedoes or to 
lay mines; 

(d) is designed or fitted to launch self-propelled or 
guided missiles; 

(e) is designed for protection by armour plating 
exceeding 1 inch (25 mm.) in thickness; 

(f) is designed or adapted primarily for operating 
aircraft at sea; 

(g) mounts more than two aircraft launching ap- 
paratus; 

{h) is designed for a speed greater than twenty 
knots if fitted with a gun of calibre exceeding 3 
inches (76 mm.). 

A war vessel belonging to sub-category 1 is no 
longer to be considered as such after the twentieth 
year since completion if all weapons are removed. 

Battleship. — A battleship is a war vessel, other 
than an aircraft carrier, the standard displacement 
of which exceeds 10,000 tons or which carries a gun 
with a calibre exceeding 8 inches (203 mm.). 

Aircraft Carrier. — An aircraft carrier is a war 
vessel, whatever her displacement, designed or 
adapted primarily for the purpose of carrying and 
operating aircraft. 

Submarine. — A submarine is a vessel designed to 
operate below the surface of the sea. 

Specialised Types of Assault Craft. — 1. All types of 
craft specially designed or adapted for amphibious 
operations. 



87 

2. All types of small craft specially designed or 
adapted to carry an explosive or incendiary charge 
for attacks on ships or harbours. 

Motor Torpedo Boat. — A vessel of a displacement 
less than 200 tons, capable of a speed of over 25 
knots and of operating torpedoes. 

B. Military, Military Air and Naval Training 
(See Articles 60, 63 and 65) 

1. Military training is defined as: the study of and 
practice in the use of war material specially designed 
or adapted for army purposes, and training devices 
relative thereto; the study and carrying out of all 
drill or movements which teach or practice evolutions 
performed by fighting forces in battle; and the or- 
ganised study of tactics, strategy and staff work. 

2. Military air training is defined as: the study of 
and practice in the use of war material specially 
designed or adapted for air force purposes, and 
training devices relative thereto; the study and 
practice of all specialised evolutions, including for- 
mation flying, performed by aircraft in the accom- 
plishment of an air force mission; and the organised 
study of air tactics, strategy and staff work. 

3. Naval training is defined as: the study, ad- 
ministration or practice in the use of warships or 
naval establishments as well as the study or employ- 
ment of all apparatus and training devices relative 
thereto, which are used in the prosecution of naval 
warfare, except for those which are also normally 
used for civilian purposes; alSo the teaching, practice 
or organised study of naval tactics, strategy and 
staff work including the execution of all operations 
and manoeuvres not required in the peaceful em- 
ployment of ships. 



88 

C. Definition and List of War Material 
(See Article 67) 

The term "war material" as used in the present 
Treaty shall include all arms, ammunition and im- 
plements specially designed or adapted for use in war 
as listed below. 

The Allied and Associated Powers reserve the right 
to amend the list periodically by modification or 
addition in the light of subsequent scientific de- 
velopment. 

Category I. — 1. Military rifles, carbines, revol- 
vers and pistols; barrels for these weapons and other 
spare parts not readily adaptable for civilian use. 

2. Machine guns, military automatic or auto- 
loading rifles, and machine pistols; barrels for these 
weapons and other spare parts not readily adaptable 
for civilian use; machine gun mounts. 

3. Guns, howitzers, mortars, cannon special to 
aircraft, breechless or recoil-less guns and flame- 
throwers; barrels and other spare parts not readily 
adaptable for civilian use; carriages and mountings 
for the foregoing. 

4. Rocket projectors; launching and control me- 
chanisms for self-propelling and guided missiles; 
mountings for same. 

5. Self-propelling and guided missiles, projectiles, 
rockets, fixed ammunition and cartridges, filled or 
unfilled, for the arms listed in subparagraphs 1-4 
above and fuses, tubes or contrivances to explode or 
operate them. Fuses required for civilian use are 
not included. 

6. Grenades, bombs, torpedoes, mines, depth 
charges and incendiary materials or charges, filled 
or unfilled; all means for exploding or operating them. 
Fuses required for civilian use are not included. 



89 

7. Bayonets. 

Category II. — 1. Armoured fighting vehicles; 
armoured trains, not technically convertible to 
civilian use. 

2. Mechanical and self-propelled carriages for any 
of the weapons listed in Category I; special type 
military chassis or bodies other than those enumer- 
ated in sub-paragraph 1 above. 

3. Armour plate, greater than three inches in 
thickness, used for protective purposes in warfare. 

Category III. — 1. Aiming and computing de- 
vices, including predictors and plotting apparatus, 
for fire control; direction of fire instruments; gun 
sights; bomb sights; fuse setters; equipment for the 
calibration of guns and fire control instruments. 

2. Assault bridging, assault boats and storm 
boats. 

3. Deceptive warfare, dazzle and decoy devices. 

4. Personal war equipment of a specialised nature 
not readily adaptable to civilian use. 

Category IV. — 1. Warships of all kinds, in- 
cluding converted vessels and craft designed or in- 
tended for their attendance or support, which can- 
not be technically reconverted to civilian use, as 
well as weapons, armour, ammunition, aircraft and 
all other equipment, material, machines and in- 
stallations not used in peace time on ships other than 
warships. 

2. Landing craft and amphibious vehicles or equip- 
ment of any kind; assault boats or devices of any 
type as well as catapults or other apparatus for 
launching or throwing aircraft, rockets, propelled 
weapons or any other missile, instrument or device 
whether manned or unmanned, guided or uncon- 
trolled. 

3. Submersible or semi-submersible ships, craft, 
weapons, devices, or apparatus of any kind, includ- 



90 

ing specially designed harbour defence booms, ex- 
cept as required by salvage, rescue or other civilian 
uses, as well as all equipment, accessories, spare 
parts, experimental or training aids, instruments or 
installations as may be specially designed for the 
construction, testing, maintenance or housing of the 
same. 

Category V. — 1. Aircraft, assembled or unas- 
sembled, both heavier and lighter than air, which 
are designed or adapted for aerial combat by the use 
of machine guns, rocket projectors or artillery, or for 
the carrying and dropping of bombs, or which are 
equipped with, or which by reason of their design or 
construction are prepared for, any of the appliances 
referred to in sub-paragraph 2 below. 

2. Aerial gun mounts and frames, bomb racks, 
torpedo carriers and bomb release or torpedo release 
mechanisms; gun turrets and blisters. 

3. Equipment specially designed for and used 
solely by airborne troops. 

4. Catapults or launching apparatus for ship- 
borne, land- or sea-based aircraft; apparatus for 
launching aircraft weapons. 

5. Barrage balloons. 

Category VI. — Asphyxiating, lethal, toxic or in- 
capacitating substances intended for war purposes, 
or manufactured in excess of civilian requirements. 

Category VII. — Propellants, explosives, pyro- 
technics or liquefied gases destined for the propulsion, 
explosion, charging or filling of, or for use in con- 
nection with, the war material in the present cate- 
gories, not capable of civilian use or manufactured in 
excess of civilian requirements. 

Category VIII. — Factory and tool equipment 
specially designed for the production and mainte- 
nance of the material enumerated above and not 
technically convertible to civilian use. 



91 

D. Definition of the Terms "Demilitarisation" 
and "Demilitarised" 

(See Articles 11, 14, 49 and Article 3 of Annex VI) 
For the purpose of the present Treaty the terms 
"demilitarisation" and "demilitarised" shall be deem- 
ed to prohibit, in the territory and territorial waters 
concerned, all naval, military and military air in- 
stallations, fortifications and their armaments; arti- 
ficial military, naval and air obstacles; the basing 
or the permanent or temporary stationing of mili- 
tary, naval and military air units; military training 
in any form; and the production of war material. 
This does not prohibit internal security personnel 
restricted in number to meeting tasks of an internal 
character and equipped with weapons which can be 
carried and operated by one person, and the necessary 
military training of such personnel. 

ANNEX XIV. ECONOMIC AND FINANCIAL 
PROVISIONS RELATING TO CEDED TER- 
RITORIES 

1. The Successor State shall receive, without 
payment, Italian State and para-statal property 
within territory ceded to it under the present Treaty, 
as well as all relevant archives and documents of an 
administrative character or historical value concerning 
the territory in question, or related to property trans- 
ferred under this paragraph. 

The following are considered as State or para- 
statal property for the purposes of this Annex: 
movable and immovable property of the Italian 
State, of local authorities and of public institutions 
and publicly owned companies and associations, as 
well as movable and immovable property formerly 
belonging to the Fascist Party or its auxiliary 
organizations. 

777534—48 7 



92 

2. All transfers effected after September 3, 1943, 
of Italian State and para-statal property as defined 
in paragraph 1 above shall be deemed null and void. 
This provision shall not, however, extend to lawful 
acts relating to current operations of State and para- 
statal agencies in so far as they concern the sale, 
within normal limits, of goods ordinarily produced or 
sold by them in the execution of normal commercial 
arrangements or in the normal course of govern- 
mental administrative activities. 

3. Italian submarine cables connecting points in 
ceded territory, or connecting a point in ceded 
territory with a point in other territory of the Suc- 
cessor State, shall be deemed to be Italian property 
in the ceded territory, despite the fact that lengths 
of these cables may lie outside territorial waters. 
Italian submarine cables connecting a point in ceded 
territory with a point outside the jurisdiction of the 
Successor State shall be deemed to be Italian property 
in ceded territory so far as concerns the terminal 
facilities and the lengths of cables lying within 
territorial waters of the ceded territory. 

4. The Italian Government shall transfer to the 
Successor State all objects of artistic, historical or 
archaeological value belonging to the cultural heritage 
of the ceded territory, which, while that territory 
was under Italian control, were removed therefrom 
without payment and are held by the Italian Govern- 
ment or by Italian public institutions. 

5. The Successor State shall make arrangements 
for the conversion into its own currency of Italian 
currency held within the ceded territory by persons 
continuing to reside in the said territory or by 
juridical persons continuing to carry on business 
there. Full proof of the source of the funds to be 
converted may be required from their holders. 

6. The Government of the Successor State shall 



93 

be exempt from the payment of the Italian public 
debt, but will assume the obligations of the Italian 
State towards holders who continue to reside in the 
ceded territory, or who, being juridical persons, retain 
their siege social or principal place of business there, 
in so far as these obligations correspond to that 
portion of this debt which has been issued prior to 
June 10, 1940, and is attributable to public works 
and civil administrative services of benefit to the 
said territory but not attributable directly or in- 
directly to military purposes. 

Full proof of the source of such holdings may be 
required from the holders. 

The Successor State and Italy shall conclude 
arrangements to determine the portion of the Italian 
public debt referred to in this paragraph and the 
methods for giving effect to these provisions. 

7. Special arrangements shall be concluded be- 
tween the Successor State and Italy to govern the 
conditions under which the obligations of Italian 
public or private social insurance organizations to- 
wards the inhabitants of the ceded territory, and a 
proportionate part of the reserves accumulated by 
the said organizations, shall be transferred to similar 
organizations in the Successor State. 

Similar arrangements shall also be concluded be- 
tween the Successor State and Italy to govern the 
obligations of public and private social insurance 
organizations whose siege social is in the ceded terri- 
tory, with regard to policy holders or subscribers 
residing in Italy. 

8. Italy shall continue to be liable for the payment 
of civil or military pensions earned, as of the coming 
into force of the present Treaty, for service under the 
Italian State, municipal or other local government 
authorities, by persons who under the Treaty acquire 
the nationality of the Successor State, including 



94 

pension rights not yet matured. Arrangements shall 
be concluded between the Successor State and Italy 
providing for the method by which this liability 
shall be discharged. 

9. The property, rights and interests of Italian 
nationals permanently resident in the ceded terri- 
tories at the coming into force of the present Treaty 
shall, provided they have been lawfully acquired, 
be respected on a basis of equality with the rights of 
nationals of the Successor State. 

The property, rights and interests within the ceded 
territories of other Italian nationals and also of 
Italian juridical persons, provided they have been 
lawfully acquired, shall be subject only to such 
legislation as may be enacted from time to time 
regarding the property of foreign nationals and 
juridical persons generally. 

Such property, rights and interests shall not be 
subject to retention or liquidation under the pro- 
visions of Article 79 of the present Treaty, but shall 
be restored to their owners freed from any measures 
of this kind and from any other measure of transfer, 
compulsory administration or sequestration taken 
between September 3, 1943, and the coming into 
force of the present Treaty. 

10. Persons who opt for Italian nationality and 
move to Italy shall be permitted, after the settle- 
ment of any debts or taxes due from them in ceded 
territory, to take with them their movable property 
and transfer their funds, provided such property 
and funds were lawfully acquired. No export or 
import duties will be imposed in connection with the 
moving of such property. Further, they shall be 
permitted to sell their movable and immovable 
property under the same conditions as nationals of 
the Successor State. 

The removal of property to Italy will be effected 



95 

under conditions and within the limits agreed upon 
between the Successor State and Italy. The condi- 
tions and the time periods of the transfer of the 
funds, including the proceeds of sales, shall likewise 
be agreed. 

11. The property, rights and interests of former 
Italian nationals, resident in the ceded territories, 
who become nationals of another State under the 
present Treaty, existing in Italy at the coming into 
force of the Treaty, shall be respected by Italy in the 
same measure as the property, rights and interests 
of United Nations nationals generally. 

Such persons are authorized to effect the transfer 
and the liquidation of their property, rights and 
interests under the same conditions as may be estab- 
lished under paragraph 10 above. 

12. Companies incorporated under Italian law 
and having siege social in the ceded territory, which 
wish to remove siege social to Italy, shall likewise be 
dealt with under the provisions of paragraph 10 
above, provided that more than fifty per cent, of the 
capital of the company is owned by persons usually 
resident outside the ceded territory, or by persons 
who opt for Italian nationality under the present 
Treaty and who move to Italy, and provided also 
that the greater part of the activity of the company 
is carried on outside the ceded territory. 

13. Debts owed by persons in Italy to persons in 
the ceded territory or by persons in the ceded terri- 
tory to persons in Italy shall not be affected by the 
cession. Italy and the Successor State undertake 
to facilitate the settlement of such obligations. As 
used in this paragraph, the term "persons" includes 
juridical persons. 

14. The property in ceded territory of any of the 
United Nations and its nationals, if not already 
freed from Italian measures of sequestration or con- 



96 

trol and returned to its owner, shall be returned in 
the condition in which it now exists. 

15. The Italian Government recognizes that the 
Brioni Agreement of August 10, 1942, is null and 
void. It undertakes to participate with the other 
signatories of the Rome Agreement of May 29, 1923, 
in any negotiations having the purpose of introducing 
into its provisions the modifications necessary to 
ensure the equitable settlement of the annuities 
which it provides. 

16. Italy shall return property unlawfully removed 
after September 3, 1943, from ceded territory to Italy. 
Paragraphs 2, 3, 4, 5 and 6 of Article 75 shall govern 
the application of this obligation except as regards 
property provided for elsewhere in this Annex. 

17. Italy shall return to the Successor State in the 
shortest possible time any ships in Italian possession 
which were owned on September 3, 1943, by natural 
persons resident in ceded territory who acquire the 
nationality of the Successor State under the present 
Treaty, or by Italian juridical persons having and 
retaining siege social in ceded territory, except any 
ships which have been the subject of a bona fide sale. 

18. Italy and the Successor States shall conclude 
agreements providing for a just and equitable appor- 
tionment of the property of any existing local author- 
ity whose area is divided by any frontier settlement 
under the present Treaty, and for a continuance to 
the inhabitants of necessary communal services not 
specifically covered in other parts of the Treaty. 

Similar agreements shall be concluded for a just 
and equitable allocation of rolling stock and railway 
equipment and of dock and harbour craft and equip- 
ment, as well as for any other outstanding economic 
matters not covered by this Annex. 

19. The provisions of this Annex shall not apply to 
the former Italian Colonies. The economic and 



97 

financial provisions to be applied therein will form 
part of the arrangements for the final disposal of these 
territories pursuant to Article 23 of the present 
Treaty. 

ANNEX XV. SPECIAL PROVISIONS RELAT- 
ING TO CERTAIN KINDS OF PROPERTY 

A. Industrial, Literary and Artistic Property 

1. (a) A period of one year from the coming into 
force of the present Treaty shall be accorded to the 
Allied and Associated Powers and their nationals 
without extension fees or other penalty of any sort in 
order to enable them to accomplish all necessary acts 
for the obtaining or preserving in Italy of rights in 
industrial, literary and artistic property which were 
not capable of accomplishment owing to the existence 
of a state of war. 

(b) Allied and Associated Powers or their nationals 
who had duly applied in the territory of any Allied or 
Associated Powers for a patent or registration of a 
utility model not earlier than twelve months before 
the outbreak of the way with Italy or during the war, 
or for the registration of an industrial design or model 
or trade mark not earlier than six months before the 
outbreak of the war with Italy or during the war, shall 
be entitled within twelve months after the coming 
into force of the present Treaty to apply for corre- 
sponding rights in Italy, with a right of priority based 
upon the previous filing of the application in the 
territory of that Allied or Associated Power. 

(c) Each of the Allied and Associated Powers and 
its nationals shall be accorded a period of one year 
from the coming into force of the present Treaty 
during which they may institute proceedings in Italy 
against those natural or juridical persons who are 
alleged illegally to have infringed their rights in in- 



98 

dustrial, literary or artistic property between the 
date of the outbreak of the war and the coming into, 
force of the present Treaty. 

2. A period from the outbreak of the war until a 
date eighteen months after the coming into force of 
the present Treaty shall be excluded in determining 
the time within which a patent must be worked or a 
design or trade mark used. 

3. The period from the outbreak of the war until 
the coming into force of the present Treaty shall be 
excluded from the normal term of rights in industrial,, 
literary and artistic property which were in force in 
Italy at the outbreak of the war or which are recog- 
nised or established under part A of this Annex, and 
belong to any of the Allied and Associated Powers 
or their nationals. Consequently, the normal dura- 
tion of such rights shall be deemed to be automatically 
extended in Italy for a further term corresponding to 
the period so excluded. 

4. The foregoing provisions concerning the rights 
in Italy of the Allied and Associated Powers and their 
nationals shall apply equally to the rights in the 
territories of the Allied and Associated Powers of 
Italy and its nationals. Nothing, however, in these 
provisions shall entitle Italy or its nationals to more 
favourable treatment in the territory of any of the 
Allied and Associated Powers than is accorded by 
such Power in like cases to other United Nations or 
their nationals, nor shall Italy be required thereby 
to accord to any of the Allied and Associated Powers 
or its nationals more favourable treatment than Italy 
or its nationals receive in the territory of such Power 
in regard to the matters dealt with in the foregoing 
provisions. 

5. Third parties in the territories of any of the 
Allied and Associated Powers or Italy who, before the 
coming into force of the present Treaty, had bona 



99 

fide acquired industrial, literary or artistic property 
rights conflicting with rights restored under part A 
of this Annex or with rights obtained with the 
priority provided thereunder, or had bona fide manu- 
factured, published, reproduced, used or sold the 
subject matter of such rights, shall be permitted, 
without any liability for infringement, to continue 
to exercise such rights and to continue or to resume 
such manufacture, publication, reproduction, use or 
sale which had been bona fide acquired or commenced. 
In Italy, such permission shall take the form of a 
non-exclusive license granted on terms and conditions 
to be mutually agreed by the parties thereto or, in 
default of agreement, to be fixed by the Conciliation 
Commission established under Article 83 of the present 
Treaty. In the territories of each of the Allied and 
Associated Powers, however, bona fide third parties 
shall receive such protection as is accorded under 
similar circumstances to bona fide third parties whose 
rights are in conflict with those of the nationals of 
other Allied and Associated Powers. 

6. Nothing in part A of this Annex shall be con- 
strued to entitle Italy or its nationals to any patent 
or utility model rights in the territory of any of the 
Allied and Associated Powers with respect to in- 
ventions, relating to any article listed by name in 
the definition of war material contained in Annex 
XIII of the present Treaty, made, or upon which 
applications were filed, by Italy, or any of its na- 
tionals, in Italy or in the territory of any other of 
the Axis Powers, or in any territory occupied by the 
Axis forces, during the time when such territory was 
under the control of the forces or authorities of the 
Axis Powers. 

7. Italy shall likewise extend the benefits of the 
foregoing provisions of this Annex to United Nations, 
other than Allied or Associated Powers, whose 



100 

diplomatic relations with Italy have been broken 
off during the war and which undertake to extend 
to Italy the benefits accorded to Italy under the 
said provisions. 

8. Nothing in part A of this Annex shall be under- 
stood to conflict with Articles 78, 79 and 81 of the 
present Treaty. 

B. Insurance 

1. No obstacles, other than any applicable to 
insurers generally, shall be placed in the way of the 
resumption by insurers who are United Nations na- 
tionals of their former portfolios of business. 

2. Should an insurer, who is a national of any of 
the United Nations, wish to resume his professional 
activities in Italy, and should the value of the 
guarantee deposits or reserves required to be held as 
a condition of carrying on business in Italy be found 
to have decreased as a result of the loss or deprecia- 
tion of the securities which constituted such deposits 
or reserves, the Italian Government undertakes to 
accept, for a period of eighteen months, such securi- 
ties as still remain as fulfilling any legal requirements 
in respect of deposits and reserves. 

ANNEX XVI. CONTRACTS, PRESCRIPTION 
AND NEGOTIABLE INSTRUMENTS 

A. Contracts 

1. Any contract which required for its execution 
intercourse between any of the parties thereto having 
become enemies as defined in part D of this Annex, 
shall, subject to the exceptions set out in paragraphs 
2 and 3 below, be deemed to have been dissolved 
as from the time when any of the parties thereto 
became enemies. Such dissolution, however, is with- 
out prejudice to the provisions of Article 81 of the 



101 

present Treaty, nor shall it relieve any party to the 
contract from the obligation to repay amounts re- 
ceived as advances or as payments on account and in 
respect of which such party has not rendered per- 
formance in return. 

2. Notwithstanding the provisions of paragraph 1 
above, there shall be excepted from dissolution and, 
without prejudice to the rights contained in Article 
79 of the present Treaty, there shall remain in force 
such parts of any contract as are severable and did 
not require for their execution intercourse between 
any of the parties thereto, having become enemies as 
denned in part D of this Annex. Where the pro- 
visions of any contract are not so severable, the 
contract shall be deemed to have been dissolved in 
its entirety. The foregoing shall be subject to the 
application of domestic laws, orders or regulations 
made by any of the Allied and Associated Powers 
having jurisdiction over the contract or over any 
of the parties thereto and shall be subject to the 
terms of the contract. 

3. Nothing in part A of this Annex shall be deemed 
to invalidate transactions lawfully carried out in 
accordance with a contract between enemies if they 
have been carried out with the authorization of the 
Government of one of the Allied and Associated 
Powers. 

4. Notwithstanding the foregoing provisions, con- 
tracts of insurance and re-insurance shall be subject 
to separate agreements between the Government of 
the Allied or Associated Power concerned and the 
Government of Italy. 

B. Periods of Prescription 

1. All periods of prescription or limitation of right 
of action or of the right to take conservatory meas- 
ures in respect of relations affecting persons or prop- 



102 

erty, involving United Nations nationals and Italian 
nationals who, by reason of the state of war, were 
unable to take judicial action or to comply with the 
formalities necessary to safeguard their rights irre- 
spective of whether these periods commenced before 
or after the outbreak of war, shall be regarded as 
having been suspended, for the duration of the war, 
in Italian territory on the one hand, and on the 
other hand in the territory of those United Nations 
which grant to Italy, on a reciprocal basis, the bene- 
fit of the provisions of this paragraph. These periods 
shall begin to run again on the coming into force 
of the present Treaty. The provisions of this para- 
graph shall be applicable in regard to the periods 
fixed for the presentation of interest or dividend 
coupons or for the presentation for payment of securi- 
ties drawn for repayment or repayable on any other 
ground. 

2. Where, on account of failure to perform any 
act or to comply with any formality during the war, 
measures of execution have been taken in Italian 
territory to the prejudice of a national of one of the 
United Nations, the Italian Government shall restore 
the rights which have been detrimentally affected. 
If such restoration is impossible or would be inequit- 
able, the Italian Government shall provide that the 
United Nations national shall be afforded such relief 
as may be just and equitable in the circumstances. 

C. Negotiable Instruments 

1. As between enemies, no negotiable instrument 
made before the war shall be deemed to have be- 
come invalid by reason only of failure within the 
required time to present the instrument for acceptance 
or payment, or to give notice of non-acceptance or 
non-payment to drawers or endorsers, or to protest 



103 

the instrument, nor by reason of failure to complete 
any formality during the war. 

2. Where the period within which a negotiable 
instrument should have been presented for accept- 
ance or for payment, or within which notice of non- 
acceptance or non-payment should have been given 
to the drawer or endorser, or within which the instru- 
ment should have been protested, has elapsed dur- 
ing the war, and the party who should have presented 
or protested the instrument or have given notice of 
non-acceptance or non-payment has failed to do so 
during the war, a period of not less than three months 
from the coming into force of the present Treaty 
shall be allowed within which presentation, notice of 
non-acceptance or non-payment, or protest may be 

made. 

3. If a person has, either before or during the war 

incurred obligations under a negotiable instrument 
in consequence of an undertaking given to him by a 
person who has subsequently become an enemy, 
the latter shall remain liable to indemnify the former 
in respect of these obligations, notwithstanding the 
outbreak of war. 

D. Special Provisions 

1. For the purposes of this Annex, natural or 
juridical persons shall be regarded as enemies from 
the date when trading between them shall have 
become unlawful under laws, orders or regulations to 
which such persons or the contracts were subject. 

2. Having regard to the legal system of the 
United States of America, the provisions of this 
Annex shall not apply as between the United States 
of America and Italy. 



104 

ANNEX XVII. PRIZE COURTS AND 
JUDGMENTS 

A. Prize Courts 

Each of the Allied and Associated Powers re- 
serves the right to examine, according to a procedure 
to be established by it, all decisions and orders of 
the Italian Prize Courts in cases involving owner- 
ship rights of its nationals, and to recommend to 
the Italian Government that revision shall be under- 
taken of such of those decisions or orders as may 
not be in conformity with international law. 

The Italian Government undertakes to supply 
copies of all documents comprising the records of 
these cases, including the decisions taken and orders 
issued, and to accept all recommendations made as 
a result of the examination of the said cases, and 
to give effect to such recommendations. 

B. Judgments 

The Italian Government shall take the necessary 
measures to enable nationals of any of the United 
Nations at any time within one year from the com- 
ing into force of the present Treaty to submit to 
the appropriate Italian authorities for review any 
judgment given by an Italian court between June 
10, 1940, and the coming into force of the present 
Treaty in any proceeding in which the United Na- 
tions national was unable to make adequate presen- 
tation of his case either as plaintiff or defendant. 
The Italian Government shall provide that, where 
the United Nations national has suffered injury by 
reason of any such judgment, he shall be restored in 
the position in which he was before the judgment was 
given or shall be afforded such relief as may be just 
and equitable in the circumstances. The term 
"United Nations nationals" includes corporations or 



105 

associations organised or constituted under the laws 
of any of the United Nations. 

In faith whereof the undersigned Plenipotentiaries 
have signed the present Treaty and have affixed 
thereto their seals. 

Done in the city of Paris in the French, English, 
Russian and Italian languages this tenth day of 
February, One Thousand Nine Hundred Forty-Seven. 

Here follow the signatures of the Plenipotentiaries 
of: 

Union of Soviet Socialist Canada 

Republics Czechoslovakia 

United Kingdom of Great Ethiopia 

Britain and Northern Greece 

Ireland India 

United States of America The Netherlands 

China New Zealand 

France Poland 

Australia Ukrainian Soviet Social- 
Belgium - ist Republic 

Byelorussian Soviet So- Union of South Afnca 

cialist Republic People's Federal Repub- 
-d .1 he of Yugoslavia 

Italy 

{2) Treaty of Peace Between the Allied and Associated 
Powers and Bulgaria, Paris, 10 February 1947* 

(Department of State Publication 2743) 

The Union of Soviet Socialist Republics, the United 
Kingdom of Great Britain and Northern Ireland, the 
United States of America, Australia, the Byelorussian 
Soviet Socialist Republic, Czechoslovakia, Greece, 
India, New Zealand, the Ukrainian Soviet Socialist 
Republic, the Union of South Africa and the People's 
Federal Republic of Yugoslavia, as the States which 

*The text consists of versions in the Russian, English, French and Bulgarian 
languages, of which the first two were declared to be "authentic." 



106 

are at war with Bulgaria and actively waged war 
against the European enemy states with substantial 
military forces, hereinafter referred to as "the Allied 
and Associated Powers," of the one part, and Bul- 
garia, of the other part; 

Whereas Bulgaria, having become an ally of Hit- 
lerite Germany and having participated on her side 
in the war against the Union of Soviet Socialist Re- 
publics, the United Kingdom, the United States of 
America and other United Nations, bears her share 
of responsibility for this war; 

Whereas, however, Bulgaria, having ceased mili- 
tary operations against the United Nations, broke 
off relations with Germany, and, having concluded 
on October 28, 1944, an Armistice with the Govern- 
ments of the Union of Soviet Socialist Republics, the 
United Kingdom and the United States of America, 
acting on behalf of all the United Nations at war 
with Bulgaria, took an active part in the war against 
Germany; and 

Whereas the Allied and Associated Powers and 
Bulgaria are desirous of concluding a treaty of peace, 
which, conforming to the principles of justice, will 
settle questions still outstanding as a result of the 
events . hereinbefore recited and form the basis of 
friendly relations between them, thereby enabling 
the Allied and Associated Powers to support Bul- 
garia's application to become a member of the 
United Nations and also to adhere to any Convention 
concluded under the auspices of the United Nations; 

Have therefore agreed to declare the cessation of 
the state of war and for this purpose to conclude the 
present Treaty of Peace, and have accordingly ap- 
pointed the undersigned Plenipotentiaries who, after 
presentation of their full powers, found in good and 
due form, have agreed on the following provisions : 



107 

PART I. FRONTIERS OF BULGARIA 

Article 1. — The frontiers of Bulgaria, as shown 
on the map annexed to the present Treaty (Annex I), 
shall be those which existed on January 1, 1941. 

PART II. POLITICAL CLAUSES 
Section I 

Article 2. 1 — * * * 

Article 3. — Bulgaria, which in accordance with 
the Armistice Agreement has taken measures to set 
free, irrespective of citizenship and nationality, all 
persons held in confinement on account of their 
activities in favour of, or because of their sympathies 
with, the United Nations or because of their racial 
origin, and to repeal discriminatory legislation and 
restrictions imposed thereunder, shall complete these 
measures and shall in future not take any measures 
or enact any laws which would be incompatible with 
the purposes set forth in this Article. 

Article 4. — Bulgaria, which in accordance with 
the Armistice Agreement has taken measures for dis- 
solving all organisations of a Fascist type on Bul- 
garian territory, whether political, military or para- 
military, as well as other organisations conducting 
propaganda hostile to the United Nations, shall not 
permit in future the existence and activities of or- 
ganisations of that nature which have as their aim 
denial to the people of their democratic rights. 

Article S. 2 — * * * 



Substituting "Bulgaria" for "Italy," Article 2 corresponds to Article 15 of 
the Italian treaty. 

2 Substituting "Bulgaria" for "Italy," and in Paragraph 3 "Heads of the 
Diplomatic Missions in Sofia" for "Ambassadors in Rome," Article 5 corresponds 
to Article 45 of the Italian treaty, with the omission of France from the States 
listed. 

777534—48 8 



108 

Section II 

Article 6. 3 — * * * 

Article 7. — Bulgaria undertakes to accept any 
arrangements which have been or may be agreed for 
the liquidation of the League of Nations and the 
Permanent Court of International Justice. 

Article 8. 4 — * * * 

PART III. MILITARY, NAVAL AND AIR 

CLAUSES 

Section I 

Article 9. — The maintenance of land, sea and air 
armaments and fortifications shall be closely re- 
stricted to meeting tasks of an internal character and 
local defence of frontiers. In accordance with the 
foregoing, Bulgaria is authorised to have armed 
forces consisting of not more than: 

(a) A land army, including frontier troops, with a 
total strength of 55,000 personnel; 

(b) Anti-aircraft artillery with a strength of 1,800 
personnel; 

(c) A navy with a personnel strength of 3,500 and 
a total tonnage of 7,250 tons; 

(d) An air force, including any naval air arm, of 
90 aircraft, including reserves, of which not more 
than 70 may be combat types of aircraft, with a total 
personnel strength of 5,200. Bulgaria shall not 
possess or acquire any aircraft designed primarily as 
bombers with internal bomb-carrying facilities. 

These strengths shall in each case include combat, 
service and overhead personnel. 

Article 10. — The personnel of the Bulgarian 
Army, Navy and Air Force in excess of the respective 

3 Similarly, Article 6 corresponds to Article 18 of the Italian treaty. 

4 Similarly, Article 8 corresponds to Article 44 of the Italian treaty. 



109 

strengths permitted under Article 9 shall be dis- 
banded within six months from the coming into force 
of the present Treaty. 

Article 11. — Personnel not included in the Bul- 
garian Army, Navy or Air Force shall not receive any 
form of military training, naval training or military 
air training as defined in Annex II. 

Article 12. — 1. The following construction to the 
north of the Greco-Bulgarian frontier is prohibited: 
permanent fortifications where weapons capable of 
firing into Greek territory can be emplaced; perma- 
nent military installations capable of being used to 
conduct or direct fire into Greek territory; and per- 
manent supply and storage facilities emplaced solely 
for the use of the said fortifications and installations. 

2. This prohibition does not include other types 
of non-permanent fortifications or surface accommo- 
dations and installations which are designed to meet 
only requirements of an internal character and of 
local defence of the frontiers. 

Article 13. — Bulgaria shall not possess, construct 
or experiment with any atomic weapon, any self- 
propelled or guided missiles or apparatus connected 
with their discharge (other than torpedoes and tor- 
pedo-launching gear comprising the normal arma- 
ment of naval vessels permitted by the present 
Treaty), sea mines or torpedoes of non-contact types 
actuated by influence mechanisms, torpedoes capable 
of being manned, submarines or other submersible 
craft, motor torpedo boats, or specialised types of 
assault craft. 

Article 14. — Bulgaria shall not retain, produce or 
otherwise acquire, or maintain facilities for the manu- 
facture of, war material in excess of that required 
for the maintenance of the armed forces permitted 
under Article 9 of the present Treaty. 

Article 15. — 1. Excess war material of Allied 



110 

origin shall be placed at the disposal of the Allied or 
Associated Power concerned according to the instruc- 
tions given by that Power. Excess Bulgarian war 
material shall be placed at the disposal of the Govern- 
ments of the Soviet Union, the United Kingdom and 
the United States of America. Bulgaria shall re- 
nounce all rights to this material. 

2. War material of German origin or design in 
excess of that required for the armed forces permitted 
under the present Treaty shall be placed at the dis- 
posal of the Three Governments. Bulgaria shall not 
acquire or manufacture any war material of German 
origin or design, or employ or train any technicians, 
including military and civil aviation personnel, who 
are or have been nationals of Germany. 

3. Excess war material mentioned in paragraphs 1 
and 2 of this Article shall be handed over or destroyed 
within one year from the coming into force of the 
present Treaty. 

4. A definition and list of war material for the 
purposes of the present Treaty are contained in 
Annex III. 

Article 16. — Bulgaria shall co-operate fully with 
the Allied and Associated Powers with a view to en- 
suring that Germany may not be able to take steps 
outside German territory towards rearmament. 

Article 17. 5 — * * * 

Article 18. 6 — * * * 

Section II 
Article 19. 7 — * * * 



5 Substituting "Bulgaria" for "Italy," Article 17 corresponds to Article 70 of 
the Italian treaty. 

6 Substituting "Bulgaria" for "Italy," Article 18 corresponds to Article 46 
of the Italian treaty. 

7 Substituting "Bulgaria" for "Italy," Article 19 corresponds to Article 71 of 
the Italian treaty. 



Ill 

PART IV. WITHDRAWAL OF ALLIED 

FORCES 

Article 20. — 1. All armed forces of the Allied 
and Associated Powers shall be withdrawn from 
Bulgaria as soon as possible and in any case not later 
than 90 days from the coming into force of the present 
Treaty. 

2. All unused Bulgarian currency and all Bulgarian 
goods in possession of the Allied forces in Bulgaria, 
acquired pursuant to Article 15 of the Armistice 
Agreement, shall be returned to the Bulgarian Gov- 
ernment within the same period of 90 days. 

3. Bulgaria shall, however, provide, during the 
period between the coming into force of the present 
Treaty and the final withdrawal of Allied forces, all 
such supplies and facilities as may be specifically 
required for the forces of the Allied and Associated 
Powers which are being withdrawn, and due com- 
pensation shall be paid to the Bulgarian Government 
for such supplies and facilities. 

PART V. REPARATION AND RESTITUTION 

Article 21. — 1. Losses caused to Yugoslavia and 
Greece by military operations and by the occupation 
by Bulgaria of the territory of those States shall be 
made good by Bulgaria to Yugoslavia and Greece, 
but, taking into consideration that Bulgaria has not 
only withdrawn from the war against the United 
Nations, but has declared and, in fact, waged war 
against Germany, the Parties agree that compensation 
for the above losses will be made by Bulgaria not in 
full but only in part, namely in the amount of 
370,000,000 payable in kind from the products of 
manufacturing and extractive industries and agricul- 
ture over eight years beginning from the coming into 
force of the present Treaty. The sum to be paid to 



112 

Greece shall amount to #45, 000,000 and the sum to 
be paid to Yugoslavia shall amount to 325,000,000. 

2. The quantities and categories of goods to be 
delivered shall be determined by agreements to be 
concluded by the Governments of Greece and Yugo- 
slavia with the Government of Bulgaria. These 
agreements shall be communicated to the Heads of 
the Diplomatic Missions in Sofia of the Soviet Union, 
the United Kingdom and the United States of 
America. 

3. The basis of calculation for the settlement pro- 
vided in this Article will be the United States dollar 
at its gold parity on July 1, 1946, i.e. $35 for one 
ounce of gold. 

4. The basis of valuation of goods delivered under 
this Article shall be the 1938 international market 
prices in United States dollars, with an increase of 
fifteen per cent for industrial products and ten per 
cent for other products. The cost of transport to the 
Greek or Yugoslav frontier shall be chargeable to 
the Bulgarian Government. 

Article 22. 8 — * * * 

PART VI. ECONOMIC CLAUSES 

Article 23. 9 — * * * 

Article 24. — Bulgaria recognizes that the Soviet 
Union is entitled to all German assets in Bulgaria 
transferred to the Soviet Union by the Control 

8 Substituting "Bulgaria" for "Italy," Article 22 corresponds to Article 75 
of the Italian treaty with the omission of Paragraph 8 of the latter. 

9 Substituting "Bulgaria" for "Italy," "April 24, 1941" for "June 10, 1940," 
and the date of the Bulgarian Armistice for that of the Italian Armistice, the 
text of Article 23 follows generally that of Article 78 of the Italian treaty, with 
the omission of Paragraph 7 and the last sentence of Paragraph 9 (c) of the latter. 
An additional clause in Paragraph 4 provides that "the Bulgarian Government 
shall accord to United Nations nationals the same treatment in the allocation 
of materials for the repair or rehabilitation of their property in Bulgaria and 
in the allocation of foreign exchange for the importation of such materials as 
applies to Bulgarian nationals." 



113 

Council for Germany and undertakes to take all 
necessary measures to facilitate such transfers. 

Article 25. 10 — * * * 

Article 26. 11 — * * * 

Article 27. 12 — * * * 

Article 28. 13 — * * * 

Article 29. 14 — * * * 

Article 30. — Bulgaria shall facilitate as far as 
possible railway traffic in transit through its territory 
at reasonable rates and shall negotiate with neighbor- 
ing States all reciprocal agreements necessary for 
this purpose. 

Article 31. — 1. Any disputes which may arise in 
connection with Articles 22 and 23 and Annexes IV, 
V and VI of the present Treaty shall be referred to a 
Conciliation Commission composed of an equal 
number of representatives of the United Nations 
Government concerned and of the Bulgarian Govern- 
ment. If agreement has not been reached within 
three months of the dispute having been referred to 
the Conciliation Commission, either Government 
may require the addition of a third member to the 
Commission, and failing agreement between the 
two Governments on the selection of this member, 
the Secretary-General of the United Nations may be 
requested by either party to make the appointment. 

10 Substituting "Bulgaria" for "Italy" and "October 28, 1944" for "September 
3, 1943," Article 25 corresponds to Article 79 of the Italian treaty, with the 
omission of paragraphs 5, 6 (f) and 6 (g) of the latter. 

11 Substituting "Bulgaria" for "Italy" and "October 28, 1944" for "September 
3, 1943," Article 26 corresponds to Article 77 of the Italian treaty, with the 
omission of Paragraph 5 of the latter. 

12 Substituting "Bulgaria" for "Italy," Article 27 corresponds to Article 

81 of the Italian treaty. 

13 Substituting "Bulgaria" for "Italy" and "levas" for "lire," Article 28 
corresponds to Article 76 of the Italian treaty with the omission of Paragraphs 
4 and 6 of the latter. 

14 Substituting "Bulgaria" for "Italy," Article 29 corresponds to Article 

82 of the Italian treaty. 



114 

2. The decision of the majority of the members of 
the Commission shall be the decision of the Commis- 
sion and shall be accepted by the parties as definitive 
and binding. 

Article 32. — Articles 22, 23, 29 and Annex VI 
of the present Treaty shall apply to the Allied and 
Associated Powers and France and to those of the 
United Nations whose diplomatic relations with 
Bulgaria have been broken off during the war. 

Article 33. — The provisions of Annexes IV, V 
and VI shall, as in the case of the other Annexes, 
have force and effect as integral parts of the present 
Treat}'. 

PART VII. CLAUSE RELATING TO THE 

DANUBE 

Article 34. — Navigation on the Danube shall be 
free and open for the nationals, vessels of commerce, 
and goods of all States, on a footing of equality in 
regard to port and navigation charges and conditions 
for merchant shipping. The foregoing shall not apply 
to traffic between ports of the same State. 

PART VIII. FINAL CLAUSES 
Articles 35-38. 15 — * * * 

LIST OF ANNEXES lfl 

I. Map of Bulgarian Frontiers (not reproduced 
here.) 



15 Articles 35 through 38 correspond substantially with Articles 86, 87, 88 
and 90 of the Italian treaty, with the omission of France as a party and the 
substitution of the American, British and Soviet heads of mission in Sofia for 
the Four Ambassador in Rome. Articles 37 and 38 further provide that the 
Treaty and all instruments of ratification or accession shall be deposited with 
the Government of the U. S. S. R. 

w Substituting "Bulgaria" for "Italy" and "April 24, 1941" for "June 10, 
1940," Annex II corresponds to Part B of Annex XIII to the Italian treaty; 
Annex III to Part C of Annex XIII; Annex IV to Part A of Annex XV; Annex 
V to Annex XVI; and Annex VI to Part B of Annex XVII. 



115 

II. Definition of Military, Military Air and Naval 
Training 

III. Definition and list of war material 

IV. Industrial, Literary and Artistic Property 

V. Contracts, Prescription and Negotiable Instru- 
ments 
VI. Judgments 

In faith whereof the undersigned Plenipotentiaries 
have signed the present Treaty and have affixed 
thereto their seals. 

Done in the city of Paris in the Russian, English, 
French and Bulgarian languages this tenth day of 
February, One Thousand Nine Hundred Forty- 
Seven. 

Here follow the signatures of the Plenipotentiaries 
of: 

Union of Soviet Socialist Greece 

Republics India 

United Kingdom of Great New Zealand 

Britain and Northern Ukrainian Soviet Social- 
Ireland ist Republic 

United States of America Union of South Africa 

Australia People's Federal Repub- 
Byelorussian Soviet So- He of Yugoslavia 

cialist Republic Bulgaria 
Czechoslovakia 

(3) Treaty of Peace Between the Allied and Associated 
Powers and Hungary, Paris, 10 February 1947* 

(Department of State Publication 2743) 

The Union of Soviet Socialist Republics, the United 
Kingdom of Great Britain and Northern Ireland, the 
United States of America, Australia, the Byelorus- 
sian Soviet Socialist Republic, Canada, Czecho- 

*The text consists of versions in the Russian, English, French and Hungarian 
languages, of which the first two were declared to be "authentic." 



116 

Slovakia, India, New Zealand, the Ukrainian Soviet 
Socialist Republic, the Union of South Africa, and 
the People's Federal Republic of Yugoslavia, as the 
States which are at war with Hungary and actively 
waged war against the European enemy States with 
substantial military forces, hereinafter referred to as 
"the Allied and Associated Powers," of the one part, 
and Hungary, of the other part; 

Whereas Hungary, having become an ally of 
Hitlerite Germany and having participated on her 
side in the war against the Union of Soviet Socialist 
Republics, the United Kingdom, the United States 
of America and other United Nations, bears her share 
of responsibility for this war; 

Whereas, however, Hungary on December 28, 
1944, broke off relations with Germany, declared 
war on Germany and on January 20, 1945, concluded 
an Armistice with the Governments of the Union 
of Soviet Socialist Republics, the United Kingdom 
and the United States of America, acting on behalf 
of all the United Nations which were at war with 
Hungary; and 

Whereas the Allied and Associated Powers and 
Hungary are desirous of concluding a treaty of peace, 
which, conforming to the principles of justice, will 
settle questions still outstanding as a result of the 
events hereinbefore recited and form the basis of 
friendly relations between them, thereby enabling 
the Allied and Associated Powers to support Hun 
gary's application to become a member of the United 
Nations and also to adhere to any Convention con- 
cluded under the auspices of the United Nations; 

Have therefore agreed to declare the cessation of 
the state of war and for this purpose to conclude the 
present Treaty of Peace, and have accordingly ap- 
pointed the undersigned Plenipotentiaries who, after 



117 

presentation of their full powers, found in good and 
due form, have agreed on the following provisions : 

PART I. FRONTIERS OF HUNGARY 

Article 1. — 1. The frontiers of Hungary with 
Austria and with Yugoslavia shall remain those which 
existed on January 1, 1938. 

2. The decisions of the Vienna Award of August 
30, 1940, are declared null and void. The frontier 
between Hungary and Roumania as it existed on 
January 1, 1938, is hereby restored. 

3. The frontier between Hungary and the Union 
of Soviet Socialist Republics, from the point common 
to the frontier of those two States and Roumania 
to the point common to the frontier of those two 
States and Czechoslovakia, is fixed along the former 
frontier between Hungary and Czechoslovakia as it 
existed on January 1, 1938. 

4. (a) The decisions of the Vienna Award of 
November 2, 1938, are declared null and void. 

(b) The frontier between Hungary and Czecho- 
slovakia from the point common to the frontier of 
those two States and Austria to the point common 
to those two States and the Union of Soviet Socialist 
Republics is hereby restored as it existed on January 
1, 1938, with the exception of the change resulting 
from the stipulations of the following sub-paragraph. 

(c) Hungary shall cede to Czechoslovakia the vil- 
lages of Horvathjarfalu, Oroszvar and Dunacsun, 
together with their cadastral territory as indicated 
on Map No. IA annexed to the present Treaty. 
Accordingly, the Czechoslovak frontier on this sector 
shall be fixed as follows : from the point common to 
the frontiers of Austria, Hungary and Czechoslovakia, 
as they existed on January 1, 1938, the present 
Hungarian-Austrian frontier shall become the frontier 



118 

between Austria and Czechoslovakia as far as a point 
roughly 500 meters south of hill 134 (3.5 kilometers 
northwest of the church of Rajka), this point now 
becoming common to the frontiers of the three named 
States ; thence the new frontier between Czechoslovakia 
and Hungary shall go eastwards along the northern 
cadastral boundary of the village of Rajka to the 
right bank of the Danube at a point approximately 
2 kilometers north of hill 128 (3.5 kilometers east of the 
church of Rajka), where the new frontier will, in the 
principal channel of navigation of the Danube, join 
the Czechoslovak-Hungarian frontier as it existed on 
January 1, 1938; the dam and spillway within the 
village limits of Rajka will remain on Hungarian 
territory. 

(d) The exact line of the new frontier between 
Hungary and Czechoslovakia laid down in the pre- 
ceding sub-paragraph shall be determined on the spot 
by a boundary Commission composed of the repre- 
sentatives of the two Governments concerned. The 
Commission shall complete its work within two 
months from the coming into force of the present 
Treaty. 

(e) In the event of a bilateral agreement not being 
concluded between Hungary and Czechoslovakia 
concerning the transfer to Hungary of the population 
of the ceded area, Czechoslovakia guarantees them 
full human and civic rights. All the guarantees and 
prerogatives stipulated in the Czechoslovak-Hun- 
garian Agreement of February 27, 1946, on the 
exchange of populations will be applicable to those 
who voluntarily leave the area ceded to Czechoslo- 
vakia. 

5. The frontiers described above are shown on 
Maps I and IA in Annex I of the present Treaty. 



119 
PART II. POLITICAL CLAUSES 
Section I 

Article 2. — 1. Hungary shall take all measures 
necessary to secure to all persons under Hungarian 
jurisdiction, without distinction as to race, sex, 
language or religion, the enjoyment of human rights 
and of the fundamental freedoms, including freedom 
of expression, of press and publication, of religious 
worship, of political opinion and of public meeting. 

2. Hungary further undertakes that the laws in 
force in Hungary shall not, either in their content or 
in their application, discriminate or entail any dis- 
crimination between persons of Hungarian nationality 
on the ground of their race, sex, language or religion, 
whether in reference to their persons, property, 
business, professional or financial interests, status, 
political or civil rights or any other matter. 

Article 3. 1 — * * * 

Article 4. 2 — * * * 

Article 5. — 1. Hungary shall enter into negotia- 
tions with Czechoslovakia in order to solve the 
problem of those inhabitants of Magyar ethnic 
origin, residing in Czechoslovakia, who will not be 
settled in Hungary in accordance with the provisions 
of the Agreement of February 27, 1946, on exchange 
of populations. 

2. Should no agreement be reached within a 
period of six months from the coming into force of 
the present Treaty, Czechoslovakia shall have the 
right to bring this question before the Council of 
Foreign Ministers and to request the assistance of 
the Council in effecting a final solution. 

1 Substituting "Hungary" for "Bulgaria," Article 3 corresponds to Article 3 
of the Bulgarian treaty. 

2 Substituting "Hungary" for "Bulgaria," Article 4 corresponds to Article 4 
of the Bulgarian treaty. 



120 
Article 6. 3 — * * * 

Section II 

Article 7. 4 — * * * 

Article 8. — The state of war between Hungary 
and Roumania shall terminate upon the coming into 
force both of the present Treaty of Peace and the 
Treaty of Peace between the Union of Soviet Social- 
ist Republics, the United Kingdom of Great Britain 
and Northern Ireland, the United States of America, 
Australia, the Byelorussian Soviet Socialist Republic, 
Canada, Czechoslovakia, India, New Zealand, the 
Ukrainian Soviet Socialist Republic and the Union of 
South Africa, of the one part, and Roumania of the 
other part. 

Article 9. 5 — * * * 

Article 10. 6 — * * * 

Article 11. — 1. Hungary shall hand over to 
Yugoslavia and to Czechoslovakia, within a period 
of not more than eighteen months from the coming 
into force of the present Treaty, objects of the follow- 
ing categories constituting the cultural heritage of 
Yugoslavia and Czechoslovakia which originated in 
those territories and which, after 1848, came into the 
possession of the Hungarian State or of Hungarian 
public institutions as a consequence of Hungarian 
domination over these territories prior to 1919: 

(a) Historical archives which came into being as 
integral wholes in Yugoslav or Czechoslovak terri- 
tories; 

3 Substituting "Hungary" for "Italy," and the American, British and Soviet 
heads of mission at Budapest for the Four Ambassadors in Rome, Article 6 
corresponds to Article 45 of the Italian treaty. 

« Substituting "Hungary" for "Italy" and "Italy" for "Hungary," Article 7 
corresponds to Article 18 of the Italian treaty. 

5 Substituting "Hungary" for "Bulgaria," Article 9 corresponds to Article 7 of 
the Bulgarian treaty. 

6 Substituting "Hungary" for "Italy," Article 10 corresponds to Article 44 
of the Italian treaty. 



121 

(b) Libraries, historical documents, antiquities and 
other cultural objects which belonged to the institu- 
tions on Yugoslav or Czechoslovak territories or to 
historical personalities of the Yugoslav and Czecho- 
slovak peoples; 

(c) Original artistic, literary and scientific objects 
which are the work of Yugoslav or Czechoslovak 
artists, writers and scientists. 

2. Objects acquired by purchase, gift or legacy and 
original works of Hungarians are excluded from the 
provisions of paragraph 1. 

3. Hungary shall also hand over to Yugoslavia the 
archives of the Illyrian Deputation, the Illyrian 
Commission and Illyrian Chancellery, which relate 
to the 18th century. 

4. The Hungarian Government shall, on the com- 
ing into force of the present Treaty, give the author- 
ised representatives of Yugoslavia and Czechoslo- 
vakia all necessary assistance in finding these objects 
and making them available for examination. There- 
after, but no later than one year from the coming 
into force of the present Treaty, the Yugoslav and 
Czechoslovak Governments shall hand the Hun- 
garian Government a list of the objects claimed under 
this Article. Should the Hungarian Government, 
within three months of the receipt of the list, raise 
objection to the inclusion therein of any objects, and 
should no agreement be reached between the Govern- 
ments concerned within a further month, the dispute 
shall be settled in accordance with the provisions of 
Article 40 of the present Treaty. 

PART III. MILITARY AND AIR CLAUSES 

Article 12. — The maintenance of land and air 
armaments and fortifications shall be closely re- 
stricted to meeting tasks of an internal character and 



122 

local defence of frontiers. In accordance with the 
foregoing, Hungary is authorized to have armed 
forces consisting of not more than: 

(a) A land army, including frontier troops, anti- 
aircraft and river flotilla personnel, with a total 
strength of 65,000 personnel; 

(b) An air force of 90 aircraft, including reserves, 
of which not more than 70 may be combat types of 
aircraft, with a total personnel strength of 5,000. 

Hungary shall not possess or acquire any aircraft 
designed primarily as bombers with internal bomb- 
carrying facilities. 

These strengths shall in each case include combat, 
service and overhead personnel. 

Articles 13-21. 7 — * * * 

PART IV. WITHDRAWAL OF ALLIED FORCES 

Article 22. — 1. Upon the coming into force of the 
present Treaty, all Allied forces shall, within a period 
of 90 days, be withdrawn from Hungary, subject to 
the right of the Soviet Union to keep on Hungarian 
territory such armed forces as it may need for the 
maintenance of the lines of communication of the 
Soviet Army with the Soviet zone of occupation in 
Austria. 

2. All unused Hungarian currency and all Hungar- 
ian goods in possession of the Allied forces in Hun- 
gary, acquired pursuant to Article 11 of the Armistice 
Agreement, shall be returned to the Hungarian 
Government within the same period of 90 days. 

3. Hungary shall, however, make available such 
maintenance and facilities as may specifically be 
required for the maintenance of the lines of com- 
munication with the Soviet zone of occupation in 

7 Substituting "Hungary" for "Bulgaria," Articles 13 through 21 correspond 
to Articles 10-11 and 13-19 of the Bulgarian treaty. 



123 

Austria, for which due compensation will be made to 
the Hungarian Government. 

PART V. REPARATION AND RESTITUTION 

Article 23. — 1. Losses caused to the Soviet Union, 
Czechoslovakia and Yugoslavia by military opera- 
tions and by the occupation by Hungary of the ter- 
ritories of these States shall be made good by 
Hungary to the Soviet Union, Czechoslovakia and 
Yugoslavia, but, taking into consideration that 
Hungary has not only withdrawn from the war 
against the United Nations, but has also declared 
war on Germany, the Parties agree that compensa- 
tion for the above losses will be made by Hungary 
not in full but only in part, namely in the amount 
of 3300,000,000 payable over eight years from Janu- 
ary 20, 1945, in commodities (machine equipment, 
river craft, grain and other commodities), the sum to be 
paid to the Soviet Union to amount to 3200,000,000, 
and the sum to be paid to Czechoslovakia and Yugo- 
slavia to amount to 3100,000,000. 

2. The basis of calculation for the settlement 
provided in this Article will be the United States 
dollar at its gold parity on the day of the signing 
of the Armistice Agreement, i.e. 335 for one ounce 
of gold. 

Article 24. 8 — * * * 

Article 25. — The annulment of the Vienna Award 
of November 2, 1938, as provided in Article 1, 
paragraph 4, of the present Treaty, shall entail the 
annulment of the agreements, as well as the legal 
consequences ensuing therefrom, relating to matters 
of finance and public and private insurance, conclud- 

8 Substituting "Hungary" for "Italy," Article 24 corresponds to Article 75 
of the Italian treaty, with the omission of Paragraph 8 of the latter. 
777534 — 48 9 



124 

ed between or on behalf of the two States concerned 
or between Czechoslovak and Hungarian juridical 
persons on the basis of the Vienna Award and in 
respect of the material handed over in accordance 
with the Protocol of May 22, 1940. This annulment 
shall not apply in any way to relations between 
physical persons. The details of the above-men- 
tioned settlement shall be arranged by bilateral agree- 
ments between the Governments concerned, within 
a period of six months from the coming into force 
of the present Treaty. 

PART VI. ECONOMIC CLAUSES 

Article 26. 9 — * * * 

Article 27. — 1. Hungary undertakes that in all 
cases where the property, legal rights or interests in 
Hungary of persons under Hungarian jurisdiction 
have, since September 1, 1939, been the subject of 
measures of sequestration, confiscation or control 
on account of the racial origin or religion of such per- 
sons, the said property, legal rights and interests 
shall be restored together with their accessories or, 
if restoration is impossible, that fair compensation 
shall be made therefor. 

2. All property, rights and interests in Hungary 
of persons, organisations or communities which, indi- 
vidually or as members of groups, were the object 
of racial, religious or other Fascist measures of 
persecution, and remaining heirless or unclaimed for 

"Substituting "Hungary" for "Bulgaria" and "September 1, 1939" for 
"April 24, 1941," and the date of the Hungarian Armistice for that of the 
Bulgarian Armistice, Article 26 follows generally, Article 23 of the Bulgarian 
treaty. An additional clause in Paragraph 3 invalidates involuntary transfers 
by Czechoslovak nationals after November 2, 1938, and an additional Para- 
graph 10 provides for Hungarian recognition of the nullity of the Brioni Agree- 
ment of August 10, 1942. Hungary is also made responsible for property 
damage in Northern Transylvania during the period of Hungarian authority 
in that territory. 



125 

six months after the coming into force of the present 
Treaty, shall be transferred by the Hungarian 
Government to organisations in Hungary repre- 
sentative of such persons, organisations or communi- 
ties. The property transferred shall be used by 
such organisations for purposes of relief and rehabili- 
tation of surviving members of such groups, organ- 
isations and communities in Hungary. Such trans- 
fer shall be effected within twelve months from the 
coming into force of the Treaty, and shall include 
property, rights and interests required to be re- 
stored under paragraph 1 of this Article. 
Articles 28-42. 10 — * * * 

LIST OF ANNEXES » 

I. Maps of Hungarian Frontiers (not reproduced 

here) 
II. Definition of Military and Military Air Train- 
ing 

III. Definition and list of war material 

IV. Special provisions relating to certain kinds of 

property: 

A. Industrial, Literary and Artistic Property 

B. Insurance 

V. Contracts, Prescription and Negotiable Instru- 
ments 
VI. Judgments 

In faith whereof the undersigned Plenipotentiaries 
have signed the present Treaty and have affixed 
thereto their seals. 



10 Substituting "Hungary" for "Bulgaria," "January 20, 1945" for "October 
28, 1944," "Hungarian currency" for "levas," and "Budapest" for "Sofia," 
Articles 28-37 correspond to Articles 24-33 of the Bulgarian treaty; Part VII, 
Article 38, to Article 34; and Part VIII, Articles 39-42, to Articles 35-38. 

" Substituting "Hungary" for "Italy" and "April 10, 1941" for "June 10, 
1940," Annex II corresponds to Part B of Annex XIII to the Italian treaty, 
omitting Paragraph 3; Annex III corresponds to Part C of Annex XIII; 
Annex IV to Annex XV; Annex V to Annex XVI; and Annex V to Part B of 
Annex XVII. 



126 

Done in the city of Paris in the Russian, English, 
French and Hungarian languages this tenth day of 
February, One Thousand Nine Hundred Forty- 
Seven. 

Here follow the signatures of the Plenipotenti- 
aries of: 

Union of Soviet Socialist Czechoslovakia 

Republics India 

United Kingdom of Great New Zealand 

Britain and Northern Ukrainian Soviet Social- 
Ireland ist Republic 
United States of America Union of South Africa 
Australia People's Federal Repub- 
Byelorussian Soviet So- lie of Yugoslavia 

cialist Republic Hungary 
Canada 

(4) Treaty of Peace Between the Allied and Associated 
Powers and Roumania, Paris, 10 February 1947* 

(Department of State Publication 2743) 

The Union of Soviet Socialist Republics, the 
United Kingdom of Great Britain and Northern 
Ireland, the United States of America, Australia, the 
Byelorussian Soviet Socialist Republic, Canada, 
Czechoslovakia, India, New Zealand, the Ukrainian 
Soviet Socialist Republic, and the Union of South 
Africa, as the States which are at war with Roumania 
and actively waged war against the European enemy 
states with substantial military forces, hereinafter 
referred to as "the Allied and Associated Powers," of 
the one part, 
and Roumania, of the other part; 

Whereas Roumania, having become an ally of 
Hitlerite Germany and having participated on her 
side in the war against the Union of Soviet Socialist 

*The text consists of versions in the Russian, English, French and Roumanian 
languages, of which the first two were declared to be "authentic." 



127 

Republics, the United Kingdom, the United States 
of America, and other United Nations, bears her 
share of responsibility for this war; 

Whereas, however, Roumania, on August 24, 1944, 
entirely ceased military operations against the Union 
of Soviet Socialist Republics, withdrew from the 
war against the United Nations, broke off relations 
with Germany and her satellites and having con- 
cluded on September 12, 1944, an Armistice with the 
Governments of the Union of Soviet Socialist Re- 
publics, the United Kingdom and the United States 
of America, acting in the interests of all the United 
Nations, took an active part in the war against 
Germany; and 

Whereas the Allied and Associated Powers and 
Roumania are desirous of concluding a treaty of 
peace, which, conforming to the principles of justice, 
will settle questions still outstanding as a result of 
the events hereinbefore recited and form the basis of 
friendly relations between them, thereby enabling 
the Allied and Associated Powers to support Rou- 
mania's application to become a member of the 
United Nations and also to adhere to any Convention 
concluded under the auspices of the United Nations; 

Have therefore agreed to declare the cessation of 
the state of war and for this purpose to conclude the 
present Treaty of Peace, and have accordingly ap- 
pointed the undersigned Plenipotentiaries who, after 
presentation of their full powers, found in good and 
due form, have agreed on the following provisions: 

PART I. FRONTIERS 

Article 1. — The frontiers of Roumania, shown on 
the map annexed to the present Treaty (Annex I), 
shall be those which existed on January 1, 1941, with 
the exception of the Roumanian-Hungarian frontier, 
which is defined in Article 2 of the present Treaty. 



128 

The Soviet-Roumanian frontier is thus fixed in ac- 
cordance with the Soviet-Roumanian Agreement of 
June 28, 1940, and the Soviet-Czechoslovak Agree- 
ment of June 29, 1945. 

Article 2. — The decisions of the Vienna Award 
of August 30, 1940, are declared null and void. The 
frontier between Roumania and Hungary as it 
existed on January 1, 1938, is hereby restored. 

PART II. POLITICAL CLAUSES 

Articles 3-10. 1 — * * * 

PART III. MILITARY, NAVAL AND AIR 

CLAUSES 

Article 11. — The maintenance of land, sea and 
air armaments and fortifications shall be closely re- 
stricted to meeting tasks of an internal character and 
local defense of frontiers. In accordance with the 
foregoing, Roumania is authorised to have armed 
forces consisting of not more than: 

(a) A land army, including frontier troops, with a 
total strength of 120,000 personnel; 

(b) Anti-aircraft artillery with a strength of 5,000 
personnel; 

(c) A navy with a personnel strength of 5,000 and 
a total tonnage of 15,000 tons; 

(d) An air force, including any naval air arm, of 
150 aircraft, including reserves, of which not more 
than 100 may be combat types of aircraft, with a 
total personnel strength of 8,000. Roumania shall 
not possess or acquire any aircraft designed primarily 
as bombers with internal bomb-carrying facilities. 

These strengths shall in each case include combat, 
service and overhead personnel. 

1 Substituting "Roumania" for"Hungary" and "Bucharest" for "Budapest," 
Part II, Articles 3-10, corresponds to Articles 2-4 and 6-10 of the Hungarian 
treaty. 



129 
Articles 12-20. 2 — * * * 

PART IV. WITHDRAWAL OF ALLIED FORCES 
Article 21. 3 — * * * 

PART V. REPARATION AND RESTITUTION 

Article 22. — 1. Losses caused to the Soviet Union 
by military operations and by the occupation by 
Roumania of Soviet territory shall be made good by 
Roumania to the Soviet Union, but, taking into 
consideration that Roumania has not only with- 
drawn from the war against the United Nations, but 
has declared and, in fact, waged war against Ger- 
many, it is agreed that compensation for the above 
losses will be made by Roumania not in full but only 
in part, namely in the amount of 3300,000,000 pay- 
able over eight years from September 12, 1944, in 
commodities (oil products, grain, timber, seagoing 
and river craft, sundry machinery and other com- 
modities). 

2. The basis of calculation for the settlement 
provided in this Article will be the United States 
dollar at its gold parity on the day of the signing 
of the Armistice Agreement, i.e. 335 for one ounce 
of gold. 

Article 23. 4 — * * * 



2 Substituting "Roumania" for "Bulgaria," Articles 12 through 20 correspond 
to Articles 10-11 and 13-19 of the Bulgarian treaty. 

3 Substituting "Roumania" for "Hungary," Article 21 corresponds to Article 
22 of the Hungarian treaty. 

4 Substituting "Roumania" for "Italy," Article 23 corresponds to Article 
75 of the Italian treaty with the omission of Paragraph 8 of the latter. 



130 

PART VI. ECONOMIC CLAUSES 

Article 24. 5 — * * * 
Article 25. 6 — * * * 
Articles 26-40. 7 — * * * 

list of annexes « 

I. Map of Roumanian Frontiers (not reproduced 
here) 
II. Definition of Military, Military Air and Naval 
Training 

III. Definition and list of war material 

IV. Special provisions relating to certain kinds of 

property: 

A. Industrial, Literary and Artistic Prop- 

erty 

B. Insurance 

V. Contracts, Prescription and Negotiable In- 
struments 
VI. Prize Courts and Judgments 

In faith whereof the undersigned Plenipotentiaries 
have signed the present Treaty and have affixed 
thereto their seals. 

Done in the city of Paris in the Russian, English, 
French and Roumanian languages this tenth day of 

5 Substituting "Roumania" for "Italy," "September 1, 1939" for "June 10, 
1940," and the date of the Roumanian Armistice for that of the Italian Armistice, 
Article 24 follows generally Article 78 of the Italian treaty with the omission 
of Paragraph 7 of the latter and the inclusion of the additional clause found 
in Article 23 of the Bulgarian treaty. A special provision also exempts Rouma- 
nia from liability for property damage in Northern Transylvania while that terri- 
tory was not subject to Roumanian authority. 

6 Substituting "Roumania" for "Hungary," Article 25 corresponds to Article 
27 of the Hungarian treaty. 

7 Substituting "Roumania" for "Bulgaria," "September 12, 1944" for 
"October 28, 1945," "lei" for "levas," and "Bucharest" for "Sofia," Articles 
26-35 correspond to Articles 24-33 of the Bulgarian treaty; Part VII, Article 
36, to Article 34; and Part VIII, Articles 37-40, to Articles 35-38. 

8 Substituting "Roumania" for "Italy" and "June 22, 1941" for "June 10, 
1940," Annex II corresponds to Part B of Annex XIII to the Italian treaty; 
Annex III to Part C of Annex XIII; Annex IV to Annex XV; Annex V to 
Annex XVI; and Annex VI to Annex XVII. 



February, One Thousand Nine Hundred Forty- 
Seven. 

Here follow the signatures of the Plenipotenti- 
aries of: 

Union of Soviet Socialist Canada 

Republics Czechoslovakia 

United Kingdom of Great India 

Britain and Northern New Zealand 

Ireland Ukrainian Soviet Social- 
United States of America ist Republic 

Australia Union of South Africa 

Byelorussian Soviet So- Roumania 
cialist Republic 

(5) Treaty of Peace between the Allied and Associated 
Powers and Finland, Paris, 10 February 1947* 

(Department of State Publication 2743) 

The Union of Soviet Socialist Republics, the United 
Kingdom of Great Britain and Northern Ireland, 
Australia, the Byelorussian Soviet Socialist Republic, 
Canada, Czechoslovakia, India, New Zealand, the 
Ukrainian Soviet Socialist Republic, and the Union 
of South Africa, as the States which are at war with 
Finland and actively waged war against the European 
enemy states with substantial military forces, herein- 
after referred to as "the Allied and Associated 
Powers", of the one part, 
and Finland, of the other part; 

Whereas Finland, having become an ally of Hit- 
lerite Germany and having participated on her side 
in the war against the Union of Soviet Socialist 
Republics, the United Kingdom and other United 
Nations, bears her share of responsibility for this war; 

Whereas, however, Finland on September 4, 1944, 
entirely ceased military operations against the Union 

*The text consists of versions in the Russian, English, French and Finnish 
languages, of which the first two were declared to be "authentic." 



132 

of Soviet Socialist Republics, withdrew from the war 
against the United Nations, broke off relations with 
'Germany and her satellites, and, having concluded on 
September 19, 1944, an Armistice with the Govern- 
ments of the Union of Soviet Socialist Republics and 
the United Kingdom, acting on behalf of the United 
Nations at war with Finland, loyally carried out the 
Armistice terms; and 

Whereas the Allied and Associated Powers and 
Finland are desirous of concluding a treaty of peace 
which, conforming to the principles of justice, will 
settle questions still outstanding as a result of the 
events hereinbefore recited and will form the basis of 
friendly relations between them, thereby enabling 
the Allied and Associated Powers to support Fin- 
land's application to become a member of the United 
Nations and also to adhere to any Convention con- 
cluded under the auspices of the United Nations; 

Have therefore agreed to declare the cessation of 
the state of war and for this purpose to conclude the 
present Treaty of Peace, and have accordingly 
appointed the undersigned Plenipotentiaries who, 
after presentation of their full powers, found in good 
and due form, have agreed on the following provisions: 

» 
PART I. TERRITORIAL CLAUSES 

Article 1. — The frontiers of Finland, as shown on 
the map annexed to the present Treaty (Annex I), 
shall be those which existed on January 1, 1941, 
except as provided in the following Article. 

Article 2. — In accordance with the Armistice 
Agreement of September 19, 1944, Finland confirms 
the return to the Soviet Union of the province of 
Petsamo (Pechenga) voluntarily ceded to Finland by 
the Soviet State under the Peace Treaties of October 
14, 1920, and March 12, 1940. The frontiers of the 



133 

province of Petsamo (Pechenga) are shown on the 
map annexed to the present Treaty (Annex I). 

PART II. POLITICAL CLAUSES 
Section I 

Article 3. — In accordance with the Armistice 
Agreement, the effect of the Peace Treaty between 
the Soviet Union and Finland concluded in Moscow 
on March 12, 1940, is restored, subject to the replace- 
ment of Articles 4, 5 and 6 of that Treaty by Articles 
2 and 4 of the present Treaty. 

Article 4. — 1. In accordance with the Armistice 
Agreement, the Soviet Union confirms the renuncia- 
tion of its right to the lease of the Peninsula of Hango, 
accorded to it by the Soviet-Finnish Peace Treaty of 
March 12, 1940, and Finland for her part confirms 
having granted to the Soviet Union on the basis of a 
fifty years lease at an annual rent payable by the 
Soviet Union of five million Finnish marks the use 
and administration of territory and waters for the 
establishment of a Soviet naval base in the area of 
Porkkala-Udd as shown on the map annexed to the 
present Treaty (Annex I). 

2. Finland confirms having secured to the Soviet 
Union, in accordance with the Armistice Agreement, 
the use of the railways, waterways, roads and air 
routes necessary for the transport of personnel and 
freight dispatched from the Soviet Union to the 
naval base at Porkkala-Udd, and also confirms hav- 
ing granted to the Soviet Union the right of unim- 
peded use of all forms of communication between the 
Soviet Union and the territory leased in the area of 
Porkkala-Udd. 

Article 5. — The Aaland Islands shall remain de- 
militarized in accordance with the situation as at 
present existing. 



134 

Sections II-III 
Articles 6-12. 1 — * * * 

PART III. MILITARY, NAVAL AND AIR 

CLAUSES 

Article 13. — The maintenance of land, sea and 
air armaments and fortifications shall be closely re- 
stricted to meeting tasks of an internal character 
and local defence of frontiers. In accordance with 
the foregoing, Finland is authorised to have armed 
forces consisting of not more than: 

(a) A land army, including frontier troops and 
anti-aircraft artillery, with a total strength of 34,400 
personnel; 

(b) A navy with a personnel strength of 4,500 and 
a total tonnage of 10,000 tons; 

(c) An air force, including any naval air arm, of 
60 aircraft, including reserves, with a total personnel 
strength of 3,000. Finland shall not possess or ac- 
quire any aircraft designed primarily as bombers 
with internal bomb-carrying facilities. 

These strengths shall in each case include combat, 
service and overhead personnel. 
Article 14. 2 — * * * 

Article IS. 3 — * * * 

Article 16. — 1. As from the coming into force of 
the present Treaty, Finland will be invited to join 
the Barents, Baltic and Black Sea Zone Board of 
the International Organisation for Mine Clearance of 

1 Substituting "Finland" for "Bulgaria," and the British and Soviet heads of 
mission in Helsinki for the American, British and Soviet heads of mission at 
Sofia, Section II, Articles 6-9, and Section III, Articles 10-12, correspond to 
Articles 2-8 of the Bulgarian treaty. 

2 Substituting "Finland" for "Bulgaria," Article 14 corresponds to Article 10 
of the Bulgarian treaty. 

8 Substituting "Finland" for "Bulgaria," Article 15 corresponds to Article 11 
of the Bulgarian treaty. 



135 

European Waters and shall maintain at the disposal 
of the Central Mine Clearance Board all Finnish 
minesweeping forces until the end of the postwar 
mine clearance period, as determined by the Central 
Board. 

2. During this postwar mine clearance period, 
Finland may retain additional naval units employed 
only for the specific purpose of minesweeping, over 
and above the tonnage permitted in Article 13. 

Within two months of the end of the said period, 
such of these vessels as are on loan to the Finnish 
Navy from other Powers shall be returned to those 
Powers, and all other additional units shall be dis- 
armed and converted to civilian use. 

3. Finland is also authorised to employ 1,500 ad- 
ditional officers and men for minesweeping over and 
above the numbers permitted in Article 13. Two 
months after the completion of minesweeping by the 
Finnish Navy, the excess personnel shall be dis- 
banded or absorbed within the numbers permitted in 
the said Article. 

Article 17-22. 4 — * * * 

PART IV. REPARATION AND RESTITUTION 

Article 23. — 1. Losses caused to the Soviet Union 
by military operations and by the occupation by 
Finland of Soviet territory shall be made good by 
Finland to the Soviet Union, but, taking into con- 
sideration that Finland has not only withdrawn 
from the war against the United Nations, but has 
also declared war on Germany and assisted with her 
forces in driving German troops out of Finland, the 
Parties agree that compensation for the above losses 
will be made by Finland not in full, but only in part, 
namely in the amount of $300,000,000 payable over 

4 Substituting "Finland" for "Bulgaria," Articles 17 through 22 correspond 
to Articles 13 through 18 of the Bulgarian treaty. 



136 

eight years from September 19, 1944, in commodities 
(timber products, paper, cellulose, sea-going and 
river craft, sundry machinery, and other commodi- 
ties). 

2. The basis of calculation for the settlement pro- 
vided in this Article shall be the United States dollar 
at its gold parity on the day of the signing of the 
Armistice Agreement, i.e. 335 for one ounce of gold. 

Article 24. — Finland, in so far as she has not yet 
done so, undertakes within the time-limits indicated 
by the Government of the Soviet Union to return to 
the Soviet Union in complete good order all valuables 
and materials removed from its territory during the 
war, and belonging to State, public or cooperative 
organisations, enterprises or institutions or to individ- 
ual citizens, such as: factory and works equipment, 
locomotives, rolling stock, tractors, motor vehicles, 
historic monuments, museum valuables and any other 
property. 

PART V. ECONOMIC CLAUSES 

Article 25. 5 — * * * 

Article 26. 6 — * * * 

Article 27. — In so far as any such rights were 
restricted on account of Finland's participation in the 
war on Germany's side, the rights of the Finnish 
Government and of any Finnish nationals, including 
juridical persons, relating to Finnish property or 
other Finnish assets on the territories of the Allied 
and Associated Powers shall be restored after the 
coming into force of the present Treaty. 

• Substituting"Finland"for"Bulgaria,""June22, 1941" for" April 24, 1941," 
and "Finnish marks" for "levas," Article 25 corresponds to Article 23 of the 
Bulgarian treaty. 

fl Substituting "Finland" for "Bulgaria," Article 26 corresponds to Article 24 
of the Bulgarian treaty. 



137 

Article 28. 7 — * * * 
Article 29. 8 — * * * 
Article 30. 9 — * * * 
Articles 31-33. 10 — * * * 

PART VI. FINAL CLAUSES 

Articles 34-36: 11 — * * * 

list of annexes 12 

I. Map of the Frontiers of Finland and the Areas 
mentioned in Articles 2 and 4 {not reproduced 
here) 
II. Definition of Military, Military Air and Naval 
Training 

III. Definition and list of war material 

IV. Special provisions relating to certain kinds of 

property: 

A. Industrial, Literary and Artistic Prop- 

erty 

B. Insurance 

V. Contracts, Prescription and Negotiable In- 
struments 



7 Substituting "Finland" for "Italy" and "September 19, 1944" ^"Septem- 
ber 3, 1943," Article 28 corresponds to Article 77 of the Italian treaty, with the 
omission of Paragraphs 4 and 5 of the latter. 

8 Substituting "Finland" for "Italy," Article 29 corresponds to Article 76 
of the Italian treaty, with the omission of Paragraphs 4 and 6 and the last sent- 
ence of Paragraph 2 of the latter 

8 Substituting "Finland" for "Italy," Article 30 corresponds to Article 82 of 
the Italian treaty. 

10 Substituting "Finland" for "Bulgaria," Articles 31 through 33 correspond 
to Articles 31 through 33 of the Bulgarian treaty. 

11 Substituting "Finland" for "Italy" and the British and Soviet heads of 
mission in Helsinki for the Four Ambassadors in Rome, Articles 34 through 36 
correspond to Articles 86, 87 and 90 of the Italian treaty, with omission of 
mention of the United States and France. Article 36 further specifies that 
the treaty and the instruments of ratification be deposited with the Government 
of the U. S. S. R. 

^Substituting "Finland" for "Italy" and "June 22, 1941" for "June 10, 
1940," Annex II corresponds to Part B of Annex XIII to the Italian treaty; 
Annex III to Part C of Annex XIII; Annex IV to Annex XV; Annex V to 
Annex XVI, with the omission of Paragraph 2 of Part D of the latter; and 
Annex VI to Annex XVII. 



138 



VI. Prize Courts and Judgments 

In faith whereof the undersigned Plenipotentiaries 
have signed the present Treaty and have affixed 
thereto their seals. 

Done in the city of Paris in the Russian, English, 
French and Finnish languages this tenth day of 
February, One Thousand Nine Hundred Forty-Seven. 

Here follow the signatures of the Plenipotentiaries 
of: 



Union of Soviet Socialist 
Republics 

United Kingdom of Great 
Britain and Northern 
Ireland 

Australia 

Byelorussian Soviet So- 
cialist Republic 



Canada 

Czechoslovakia 
India 

New Zealand 
Ukrainian Soviet Social- 
ist Republic 
Union of South Africa 
Finland 



II. THE PACIFIC AREA 
THE JAPANESE SURRENDER 

Note. — In a declaration issued at Potsdam on 26 July 1945, the President of 
the United States, the President of the National Government of the Republic 
of China, and the Prime Minister of Great Britain called upon Japan to sur- 
render unconditionally, and set forth the terms to be prescribed. Naval War 
College, International Law Documents 1944-45, p. 204. In a communication 
transmitted through the Swiss Legation on 10 August 1945, the Japanese Gov- 
ernment intimated a willingness to accept the terms laid down; a reply was 
sent by the Secretary of State of the United States on the following day (Ibid., 
pp. 247, 248). On 14 August 1945, the Japanese Emperor accepted the Pots- 
dam declaration by an Imperial rescript (Ibid., p. 262). Under the authoriza- 
tion conferred by an Imperial Proclamation, the formal instrument was signed 
at Tokyo Bay, 2 September 1945; Japanese representatives signed on behalf of 
the Emperor, the Japanese Government, and the Japanese Imperial General 
Headquarters. 

(6) Instrument of Surrender, Tokyo Bay, 2 September 

1945 

(Executive Agreement Series, No. 493) 

We, acting by command of and in behalf of the 
Emperor of Japan, the Japanese Government and the 
Japanese Imperial General Headquarters, hereby 
accept the provisions set forth in the declaration 
issued by the heads of the Governments of the United 
States, China and Great Britain on 26 July 1945, 
at Potsdam, and subsequently adhered to by the 
Union of Soviet Socialist Republics, which four 
powers are hereafter referred to as the Allied Powers. 

We hereby proclaim the unconditional surrender 
to the Allied Powers of the Japanese Imperial Gen- 
eral Headquarters and of all Japanese armed forces 
and all armed forces under Japanese control wherever 
situated. 

We hereby command all Japanese forces wherever 
situated and the Japanese people to cease hostilities 
forthwith, to preserve and save from damage all 
ships, aircraft, and military and civil property and 
to comply with all requirements which may be im- 

777534—48 10 13/ 



140 

posed by the Supreme Commander for the Allied 
Powers or by agencies of the Japanese Government 
at his direction. 

We hereby command the Japanese Imperial Gen- 
eral Headquarters to issue at once orders to the 
Commanders of all Japanese forces and all forces 
under Japanese control wherever situated to sur- 
render unconditionally themselves and all forces 
under their control. 

We hereby command all civil, military and naval 
officials to obey and enforce all proclamations, orders 
and directives deemed by the Supreme Commander 
for the Allied Powers to be proper to effectuate this 
surrender and issued by him or under his authority 
and we direct all such officials to remain at their posts 
and to continue to perform their non-combatant 
duties unless specifically relieved by him or under 
his authority. 

We hereby undertake for the Emperor, the Japan- 
ese Government and their successors to carry out the 
provisions of the Potsdam Declaration in good faith, 
and to issue whatever orders and take whatever 
action may be required by the Supreme Commander 
for the Allied Powers or by any other designated 
representative of the Allied Powers for the purpose 
of giving effect to that Declaration. 

We hereby command the Japanese Imperial Gov- 
ernment and the Japanese Imperial General Head- 
quarters at once to liberate all allied prisoners of war 
and civilian internees now under Japanese control 
and to provide for their protection, care, maintenance 
and immediate transportation to places as directed. 

The authority of the Emperor and the Japanese 
Government to rule the state shall be subject to the 
Supreme Commander for the Allied Powers who will 
take such steps as he deems proper to effectuate these 
terms of surrender. 



141 

Signed at Tokyo Bay, Japan at 0904 I on the 
second day of September, 1945. 

[Signatures omitted.] 

Accepted at Tokyo Bay, Japan at 0908 I on the 
second day of September, 1945, for the United States, 
Republic of China, United Kingdom and the Union 
of Soviet Socialist Republics, and in the interests of 
the other United Nations at war with Japan. 

Douglas MacArthur 

Supreme Commander for the Allied Powers. 
[Other signatures omitted.] 

(7) Proclamation by the Emperor of Japan* 

(Executive Agreement Series, No. 493) 

Accepting the terms set forth in Declaration issued 
by the heads of the Governments of the United 
States, Great Britain and China on July 26th, 1945, 
at Potsdam and subsequently adhered to by the 
Union of Soviet Socialist Republics, We have com- 
manded the Japanese Imperial Government and the 
Japanese Imperial General Headquarters to sign on 
Our behalf the Instrument of Surrender presented 
by the Supreme Commander for the Allied Powers 
and to issue General Orders to the Military and 
Naval Forces in accordance with the direction of the 
Supreme Commander for the Allied Powers. We 
command all Our people forthwith to cease hostilities, 
to lay down their arms and faithfully to carry out 
all the provisions of Instrument of Surrender and 
the General Orders issued by the Japanese Imperial 
Government and the Japanese Imperial General 
Headquarters hereunder. 

This second day of the ninth month of the 
twentieth year of Syowa. 

[Seal of the Emperor] 

Signed: Hirohito 

[Counter-signatures of fifteen Ministers omitted.] 

Translation. 



FAR EASTERN COMMISSION 

Note. — A Far Eastern Advisory Commission convened in Washington, 30 
October 1945, to make recommendations on the formulation of policies, prin- 
ciples and standards with reference to Japan's fulfillment of its obligations 
under the instrument of surrender. Under an agreement reached by the 
Foreign Ministers of the Soviet Union, the United States and the United 
Kingdom, with the concurrence of China, at Moscow in December 1945, the 
Far Eastern Advisory Commission was replaced by the Far Eastern Com- 
mission; an Allied Council for Japan was established at the same time. The 
Far Eastern Commission held its first meeting at Washington on 26 February 
1946. 

(8) Terms of Reference of the Far Eastern Commission, 
Moscow, 27 December 1945 

(13 Department of State Bulletin 1028) 

I. Establishment of the Commission 

A Far Eastern Commission is hereby established 

composed of the representatives of the Union of 

Soviet Socialist Republics, United Kingdom, United 

States, China, France, the Netherlands, Canada, 

Australia, New Zealand, India, and the Philippine 

Commonwealth. 

II. Functions 

A. The functions of the Far Eastern Commission 
shall be: 

1. To formulate the policies, principles, and stand- 
ards in conformity with which the fulfillment by 
Japan of its obligations under the Terms of Surrender 
may be accomplished. 

2. To review, on the request of any member, any 
directive issued to the Supreme Commander for the 
Allied Powers or any action taken by the Supreme 
Commander involving policy decisions within the 
jurisdiction of the Commission. 

3. To consider such other matters as may be as- 
signed to it by agreement among the participating 
Governments reached in accordance with the voting 
procedure provided for in Article V-2 hereunder. 
142 



143 

B. The Commission shall not make recommenda- 
tions with regard to the conduct of military opera- 
tions nor with regard to territorial adjustments. 

C. The Commission in its activities will proceed 
from the fact that there has been formed an Allied 
Council for Japan and will respect existing control 
machinery in Japan, including the chain of command 
from the United States Government to the Supreme 
Commander and the Supreme Commander's com- 
mand of occupation forces. 

III. Functions of the United States Government 

1. The United States Government shall prepare 
directives in accordance with policy decisions of the 
Commission and shall transmit them to the Supreme 
Commander through the appropriate United States 
Government agency. The Supreme Commander 
shall be charged with the implementation of the 
directives which express the policy decisions of the 
Commission. 

2. If the Commission decides that any directive or 
action reviewed in accordance with Article II-A-2 
should be modified, its decision shall be regarded as 
a policy decision. 

3. The United States Government may issue 
interim directives to the Supreme Commander pend- 
ing action by the Commission whenever urgent 
matters arise not covered by policies already formu- 
lated by the Commission; provided that any direc- 
tives dealing with fundamental changes in the 
Japanese constitutional structure or in the regime of 
control, or dealing with a change in the Japanese 
Government as a whole will be issued only following 
consultation and following the attainment of agree- 
ment in the Far Eastern Commission. 

4. All directives issued shall be filed with the 
Commission. 



144 

IV. Other Methods of Consultation 

The establishment of the Commission shall not 
preclude the use of other methods of consultation on 
Far Eastern issues by the participating Govern- 
ments. 

V. Composition 

1. The Far Eastern Commission shall consist ot 
one representative of each of the States party to this 
agreement. The membership of the Commission 
may be increased by agreement among the partici- 
pating Powers as conditions warrant by the addition 
of representatives of other United Nations in the 
Far East or having territories therein. The Com- 
mission shall provide for full and adequate consulta- 
tions, as occasion may require, with representatives 
of the United Nations not members of the Commis- 
sion in regard to matters before the Commission 
which are of particular concern to such nations. 

2. The Commission may take action by less than 
unanimous vote provided that action shall have the 
concurrence of at least a majority of all the repre- 
sentatives including the representatives of the four 
following Powers: United States, United Kingdom, 
Union of Soviet Socialist Republics and China. 

VI. Location and Organization 

1. The Far Eastern Commission shall have its 
headquarters in Washington. It may meet at other 
places as occasion requires, including Tokyo, if and 
when it deems it desirable to do so. It may make 
such arrangements through the Chairman as may 
be practicable for consultation with the Supreme 
Commander for the Allied Powers. 

2. Each representative on the Commission may be 
accompanied by an appropriate staff comprising both 
civilian and military representation. 



145 

3. The Commission shall organize its secretariat, 
appoint such committees as may be deemed advisable, 
and otherwise perfect its organization and procedure. 

VII. Termination 

The Far Eastern Commission shall cease to func- 
tion when a decision to that effect is taken by the 
concurrence of at least a majority of all the repre- 
sentatives including the representatives of the four 
following Powers: United States, United Kingdom, 
Union of Soviet Socialist Republics and China. 
Prior to the termination of its functions the Commis- 
sion shall transfer to any interim or permanent 
security organization of which the participating 
Governments are members those functions which 
may appropriately be transferred. . . . 



TRUSTEESHIP OF THE TERRITORY OF THE 
PACIFIC ISLANDS 

Note. During the war of 1914-1918, Japan took possession of the Marshall, 
Caroline, and Marianas Islands, German possessions in the Pacific north of the 
Equator. After the termination of the war, the Principal Allied and Asso- 
ciated Powers agreed that Japan should have a Class "C" Mandate for these 
islands under Article 22 of the Covenant of the League of Nations. On 17 
December 1920, the Council of the League of Nations approved the terms of 
of the Japanese Mandate. By a treaty concluded with Japan on 11 February 
1922, the United States consented to the Japanese administration of the islands 
pursuant to the mandate. Naval War College, International Law Documents, 
1924, p. 73. On 18 April 1946, the Assembly of the League of Nations recog- 
nized "that, on the termination of the League's existence, its functions with 
respect to the mandated territories will come to an end," and envisaged "other 
arrangements" to be made for realizing the principles on which the mandates 
were based. League of Nations Official Journal, Supplement No. 194, p. 58. 

During the war of 1939-1945, the United States took possession of the 
Pacific Islands under Japanese Mandate and placed them under military govern- 
ment. On 6 November 1946, the President announced that the United States 
was prepared to place those Japanese Mandated islands under trusteeship, with 
the United States as the administering authority. After having been circulated 
to various Governments, a draft of a strategic area trusteeship agreement was 
submitted to the Security Council of the United Nations on 26 February 1947, 
and with slight amendments it was approved by the Security Council on 2 
April 1947. The Agreement entered into force upon its approval by the Presi- 
dent of United States, pursuant to authority granted by the 80th Congress 
(Public Law 204), on 18 July 1947. By Executive Order of 18 July 1947, the 
President established an interim administration for the Territory, delegating 
to the Secretary of the Navy authority and responsibility for the civil adminis- 
tration of the area. 

Eight Trusteeship Agreements were approved by the General Assembly of 
the United Nations on 13 December 1946, as follows: for Tanganyika (United 
Kingdom), for British Cameroons (United Kingdom), for British Togoland 
(United Kingdom), for Ruanda Urundi (Belgium), for French Cameroons 
(France), for French Togoland (France), for New Guinea (Australia), for 
Western Samoa (New Zealand). 

Bibliography: The United States and Non-Self-Governing Territories. 
Department of State Publication 2812. 

(9) Trusteeship Agreement for the Territory of the Pacific 
Islands, Approved by the Security Council of the 
United Nations 2 April 1947, and by the President of 
the United States 18 July 1947 

(16 Department of State Bulletin 791) 

Preamble. — Whereas Article 75 of the Charter of 
the United Nations provides for the establishment of 
an international trusteeship system for the ad- 

*146 



147 

ministration and supervision of such territories 
as may be placed thereunder by subsequent agree- 
ments; and 

Whereas under Article 77 of the said Charter 
the trusteeship system may be applied to terri- 
tories now held under mandate; and 

Whereas on 17 December 1920 the Council of 
the League of Nations confirmed a mandate for 
the former German islands north of the equator to 
Japan, to be administered in accordance with 
Article 22 of the Covenant of the League of Na- 
tions; and 

Whereas Japan, as a result of the Second World 
War, has ceased to exercise any authority in these 
islands; 

Now, therefore, the Security Council of the United 
Nations, having satisfied itself that the relevant 
articles of the Charter have been complied with, 
hereby resolves to approve the following terms of 
trusteeship for the Pacific Islands formerly under 
mandate of Japan. 

Article 1. — The Territory of the Pacific Islands, 
consisting of the islands formerly held by Japan 
under mandate in accordance with Article 22 of the 
Covenant of the League of Nations, is hereby desig- 
nated as a strategic area and placed under the 
trusteeship system established in the Charter of 
the United Nations. The Territory of the Pacific 
Islands is hereinafter referred to as the trust territory. 

Article 2. — The United States of America is des- 
ignated as the administering authority of the trust 
territory. 

Article 3. — The administering authority shall 
have full powers of administration, legislation, and 
jurisdiction over the territory subject to the pro- 
visions of this agreement, and may apply to the trust 
territory, subject to any modifications which the 



148 

administering authority may consider desirable, such 
of the laws of the United States as it may deem 
appropriate to local conditions and requirements. 

Article 4. — The administering authority, in dis- 
charging the obligations of trusteeship in the trust 
territory, shall act in accordance with the Charter 
of the United Nations, and the provisions of this 
agreement, and shall, as specified in Article 83 (2) 
of the Charter, apply the objectives of the interna- 
tional trusteeship system, as set forth in Article 76 
of the Charter, to the people of the trust territory. 

Article 5. — In discharging its obligations under 
Article 76 (a) and Article 84, of the Charter, the 
administering authority shall ensure that the trust 
territory shall play its part, in accordance with the 
Charter of the United Nations, in the maintenance 
of international peace and security. To this end 
the administering authority shall be entitled: 

1. to establish naval, military and air bases and 
to erect fortifications in the trust territory; 

2. to station and employ armed forces in the 
territory; and 

3. to make use of volunteer forces, facilities and 
assistance from the trust territory in carrying out the 
obligations toward the Security Council undertaken 
in this regard by the administering authority, as well 
as for the local defense and the maintenance of law 
and order within the trust territory. 

Article 6. — In discharging its obligations under 
Article 76 (b) of the Charter, the administering au- 
thority shall: 

1. foster the development of such political insti- 
tutions as are suited to the trust territory and shall 
promote the development of the inhabitants of the 
trust territory toward self-government or inde- 
pendence as may be appropriate to the particular 
circumstances of the trust territory and its peoples 



149 

and the freely expressed wishes of the peoples con- 
cerned; and to this end shall give to the inhabitants 
of the trust territory a progressively increasing 
share in the administrative services in the terri- 
tory; shall develop their participation in govern- 
ment; shall give due recognition to the customs of 
the inhabitants in providing a system of law for 
the territory; and shall take other appropriate 
measures toward these ends; 

2. promote the economic advancement and self- 
sufficiency of the inhabitants, and to this end shall 
regulate the use of natural resources; encourage 
the development of fisheries, agriculture, and in- 
dustries; protect the inhabitants against the loss 
of their lands and resources; and improve the means 
of transportation and communication; 

3. promote the social advancement of the in- 
habitants and to this end shall protect the rights 
and fundamental freedoms of all elements of the 
population without discrimination; protect the health 
of the inhabitants; control the traffic in arms and 
ammunition, opium and other dangerous drugs, and 
alcohol and other spirituous beverages; and institute 
such other regulations as may be necessary to protect 
the inhabitants against social abuses; and 

4. promote the educational advancement of the 
inhabitants, and to this end shall take steps toward 
the establishment of a general system of elemen- 
tary education; facilitate the vocational and cul- 
tural advancement of the population; and shall 
encourage qualified students to pursue higher edu- 
cation, including training on the professional level. 

Article 7. — In discharging its obligations under 
Article 76 (c) of the Charter, the administering 
authority shall guarantee to the inhabitants of the 
trust territory freedom of conscience, and, subject 
only to the requirements of public order and security, 



150 

freedom of speech, of the press, and of assembly; 
freedom of worship, and of religious teaching; and 
freedom of migration and movement. 

Article 8. — 1. In discharging its obligations under 
Article 76 (d) of the Charter, as defined by Article 
83 (2) of the Charter, the administering authority, 
subject to the requirements of security, and the obli- 
gation to promote the advancement of the inhab- 
itants, shall accord to nationals of each Member 
of the United Nations and to companies and asso- 
ciations organized in conformity with the laws of 
such Member, treatment in the trust territory no 
less favourable than that accorded therein to na- 
tionals, companies and associations of any other 
United Nation except the administering authority. 

2. The administering authority shall ensure equal 
treatment to the Members of the United Nations 
and their nationals in the administration of justice. 

3. Nothing in this Article shall be so construed 
as to accord traffic rights to aircraft flying into and 
out of the trust territory. Such rights shall be sub- 
ject to agreement between the administering author- 
ity and the state whose nationality such aircraft 
possesses. 

4. The administering authority may negotiate 
and conclude commercial and other treaties and 
agreements with Members of the United Nations 
and other states, designed to attain for the inhab- 
itants of the trust territory treatment by the Mem- 
bers of the United Nations and other states no less 
favourable than that granted by them to the nation- 
als of other states. The Security Council may recom- 
mend or invite other organs of the United Nations 
to consider and recommend, what rights the inhab- 
itants of the trust territory should acquire in con- 
sideration of the rights obtained by Members of the 
United Nations in the trust territory. 



151 

Article 9. — The administering authority shall be 
entitled to constitute the trust territory into a 
customs, fiscal, or administrative union or federation 
with other territories under United States jurisdic- 
tion and to establish common services between such 
territories and the trust territory where such measures 
are not inconsistent with the basic objectives of 
the International Trusteeship System and with the 
terms of this agreement. 

Article 10. — The administering authority, acting 
under the provisions of Article 3 of this agreement, 
may accept membership in any regional advisory com- 
mission, regional authority, or technical organization, 
or other voluntary association of states, may co- 
operate with specialized international bodies, public 
or private, and may engage in other forms of inter- 
national co-operation. 

Article 11. — 1. The administering authority shall 
take the necessary steps to provide the status of 
citizenship of the trust territory for the inhabitants 
of the trust territory. 

2. The administering authority shall afford diplo- 
matic and consular protection to inhabitants of the 
trust territory when outside the territorial limits 
of the trust territory or of the territory of the ad- 
ministering authority. 

Article 12. — The administering authority shall 
enact such legislation as may be necessary to place 
the provisions of this agreement in effect in the trust 
territory. 

Article 13. — The provisions of Articles 87 and 
88 of the Charter shall be applicable to the trust 
territory, provided that the administering authority 
may determine the extent of their applicability to 
any areas which may from time to time be specified 
by it as closed for security reasons. 



152 

Article 14. — The administering authority under- 
takes to apply in the trust territory the provisions 
of any international conventions and recommenda- 
tions which may be appropriate to the particular 
circumstances of the trust territory and which would 
be conducive to the achievement of the basic ob- 
jectives of Article 6 of this agreement. 

Article 15. — The terms of the present agreement 
shall not be altered, amended or terminated without 
the consent of the administering authority. 

Article 16. — The present agreement shall come 
into force when approved by the Security Council 
of the United Nations and by the Government of the 
United States after due constitutional process. 

(10) Interim Administration for the Territory of the 
Pacific Islands, Executive Order 9875, 18 July 1947 

(12 Federal Register 4837) 

Whereas the Trust Territory of the Pacific Islands 
(hereinafter referred to as the trust territory) has 
been placed under the trusteeship system established 
in the Charter of the United Nations by means of a 
trusteeship agreement (hereinafter referred to as the 
agreement), approved by the Security Council of the 
United Nations on April 2, 1947, and by the United 
States Government on July 18, 1947, after due con- 
stitutional process; and 

Whereas, the United States of America, under the 
terms of the agreement, is designated as the ad- 
ministering authority of the trust territory and has 
assumed obligations for the government thereof; and 

Whereas it is necessary to establish an interim 
administration of the trust territory, pending the 
enactment of appropriate legislation by the Congress 
of the United States providing for the future govern- 
ment thereof: 

Now, therefore, by virtue of the authority vested in 



153 

me as President of the United States, it is ordered as 
follows : 

1. The military government in the former Japanese 
Mandated Islands is hereby terminated, and the 
authority and responsibility for the civil administra- 
tion of the trust territory, on an interim basis, is 
hereby delegated to the Secretary of the Navy. 

2. The Secretary of the Navy shall, subject to 
such policies as the President may from time to time 
prescribe, and, when appropriate, in collaboration 
with other departments or agencies of the Federal 
Government, carry out the obligations which the 
United States, as the administering authority of the 
trust territory, has assumed under the terms of the 
agreement and the Charter of the United Nations: 
Provided, however, that the authority granted to the 
United States under Article 13 of the agreement to 
close any areas for security reasons and to determine 
the extent to which Articles 87 and 88 of the Charter 
of the United Nations shall be applicable to such 
closed areas shall be exercised jointly by the Secretary 
of the Navy and the Secretary of State: And Pro- 
vided further, that all relations between departments 
or agencies of the Federal Government and appro- 
priate organs of the United Nations with respect to 
the trust territory shall be conducted through the 
Secretary of State. 

3. This order, subject to subsequent modification, 
shall be effective as of this date and shall remain 
effective until a designation is made of the civilian 
department or agency which is to have permanent 
responsibility for the government of the trust terri- 
tory. 

Harry S. Truman 
The White House, 

July 18, 1947. 



AGREEMENTS BETWEEN THE UNITED STATES OF AMERICA 
AND THE REPUBLIC OF THE PHILIPPINES 

Note. — In pursuance of an Act of Congress of 24 March 1934 (Naval War 
College, International Law Situations, 1933, p. 127), the Commonwealth of 
the Philippines was established on 15 November 1935. The Constitution of 
the Philippines, adopted on 8 February 1935 and approved by the President 
of the United States on 23 March 1935, was accepted by the Philippine elec- 
torate on 14 May 1935. The Commonwealth was replaced by the Republic 
of the Philippines on 4 July 1946. A provisional agreement and a treaty of 
general relations, with an accompanying protocol, were concluded between the 
United States and the Republic on the same day; ratifications of the treaty 
were exchanged at Manila on 22 October 1946. On 16 November 1946, the 
two Governments concluded a treaty of conciliation and an air transport agree- 
ment, and on 14 March 1947 a consular convention and an agreement on 
military bases. An agreement on military assistance was concluded on 21 
March 1947. 

(11) Provisional Agreement Between the United States 
and the Republic of the Philippines, Manila, 4 July 
1946 

(Treaties and Other International Acts Series 1539) 

The Government of the United States of America 
and the Government of the Republic of the Philip- 
pines, considering that in accordance with the ex- 
pressed will of the Congress and people of the United 
States of America and of the Congress and people 
of the Philippines, the political ties which have 
united these two peoples are to be dissolved on July 
4, 1946, 

Considering also the mutual desire that the friend- 
ship and affection which have long existed between 
the two peoples shall be reaffirmed and continued 
without interruption for all time, and 

Desiring to establish a basis for relations between 
the Governments of the two countries pending the 
conclusion, by established constitutional processes, 
of definitive treaties. 

Do now make of record this provisional agreement 
concerning friendly relations and diplomatic and 
consular representation. 

154 



155 

Article I. — The Government of the United States 
of America recognizes the Republic of the Philippines 
as a separate, independent and self-governing nation 
and acknowledges the authority and control of the 
Government of the Republic of the Philippines over 
the territory of the Philippine Islands. 

Article II. — The Government of the United 
States of America will notify the Governments with 
which it has diplomatic relations of the independence 
of the Republic of the Philippines and will invite 
those Governments to recognize the Republic of the 
Philippines as a member of the family of nations. 

Article III. — The diplomatic representatives of 
each contracting party shall enjoy in the territories 
of the other the privileges and immunities derived 
from generally recognized international law. The 
consular representatives of each contracting party, 
duly provided with exequaturs, shall be permitted to 
reside in the territories of the other; they shall enjoy 
the privileges and immunities accorded to such 
officers by general international usage; and they shall 
not be treated in a manner less favorable than 
similar officers of any third country. 

Article IV. — The two contracting parties mutual- 
ly agree that they will forthwith enter into negotia- 
tions for the conclusion of treaties and agreements 
regulating relations between the two countries, in- 
cluding a treaty of friendship, commerce and naviga- 
tion, an executive agreement relating to trade, a 
general relations treaty, a consular convention, and 
other treaties and agreements as may be necessary, 
and will endeavor to conclude these instruments as 
soon as may be possible. 

Article V. — This provisional agreement shall 
enter into force upon signature. 

777534 — 48 11 



156 

In witness whereof, the undersigned, duly 
authorized thereto by their respective Governments, 
have signed this provisional agreement at Manila 
this fourth day of July, one thousand nine hundred 
forty-six. 

For the Government of the United States of 
America: 

[seal] Paul V. McNutt 

For the Government of the Republic of the 
Philippines: 

[seal] Manuel Roxas 

(12) Treaty of General Relations, Manila, 4 July 1946 

(Treaties and Other International Acts Series 1568) 

The United States of America and the Republic 
of the Philippines, being animated by the desire to 
cement the relations of close and long friendship 
existing between the two countries, and to provide 
for the recognition of the independence of the Re- 
public of the Philippines as of July 4, 1946 and the 
relinquishment of American sovereignty over the 
Philippine Islands, have agreed upon the following 
articles: 

Article I. — The United States of America agrees 
to withdraw and surrender, and does hereby with- 
draw and surrender, all right of possession, supervi- 
sion, jurisdiction, control or sovereignty existing and 
exercised by the United States of America in and 
over the territory and the people of the Philippine 
Islands, except the use of such bases, necessary 
appurtenances to such bases, and the rights incident 
thereto, as the United States of America, by agree- 
ment with the Republic of the Philippines, may deem 
necessary to retain for the mutual protection of the 
United States of America and of the Republic of the 
Philippines. The United States of America further 



157 

agrees to recognize, and does hereby recognize, the 
independence of the Republic of the Philippines as a 
separate self-governing nation and to acknowledge, 
and does hereby acknowledge, the authority and con- 
trol over the same of the Government instituted by 
the people thereof, under the Constitution of the 
Republic of the Philippines. 

Article II. — The diplomatic representatives of 
each country shall enjoy in the territories of the 
other the privileges and immunities derived from 
generally recognized international law and usage. 
The consular representatives of each country, duly 
provided with exequatur, will be permitted to reside 
in the territories of the other in the places wherein 
consular representatives are by local laws permitted 
to reside; they shall enjoy the honorary privileges 
and the immunities accorded to such officers by 
general international usage; and they shall not be 
treated in a manner less favorable than similar 
officers of any other foreign country. 

Article III. — Pending the final establishment of 
the requisite Philippine Foreign Service establish- 
ments abroad, the United States of America and the 
Republic of the Philippines agree that at the request 
of the Republic of the Philippines the United States 
of America will endeavor, in so far as it may be prac- 
ticable, to represent through its Foreign Service the 
interests of the Republic of the Philippines in 
countries where there is no Philippine representation. 
The two countries further agree that any such ar- 
rangements are to be subject to termination when in 
the judgment of either country such arrangements 
are no longer necessary. 

Article IV. — The Republic of the Philippines 
agrees to assume, and does hereby assume, all the 
debts and liabilities of the Philippine Islands, its prov- 
inces, cities, municipalities and instrumentalities, 



158 

which shall be valid and subsisting on the date hereof. 
The Republic of the Philippines will make adequate 
provision for the necessary funds for the payment ot 
interest on and principal of bonds issued prior to 
May 1, 1934 under authority of an Act of Congress 
of the United States of America by the Philippine 
Islands, or any province, city or municipality 
therein, and such obligations shall be a first lien on 
the taxes collected in the Philippines. 

Article V. — The United States of America and 
the Republic of the Philippines agree that all cases 
at law concerning the Government and people of the 
Philippines which, in accordance with Section 7 (6) 
of the Independence Act of 1934, are pending before 
the Supreme Court of the United States of America 
at the date of the granting of the independence of the 
Republic of the Philippines shall continue to be 
subject to the review of the Supreme Court of the 
United States of America for such period of time 
after independence as may be necessary to effectuate 
the disposition of the cases at hand. The con- 
tracting parties also agree that following the disposi- 
tion of such cases the Supreme Court of the United 
States of America will cease to have the right of 
review of cases originating in the Philippine Islands. 

Article VI. — In so far as they are not covered by 
existing legislation, all claims of the Government of 
the United States of America or its nationals against 
the Government of the Republic of the Philippines 
and all claims of the Government of the Republic of 
the Philippines and its nationals against the Govern- 
ment of the United States of America shall be 
promptly adjusted and settled. The property rights 
of the United States of America and the Republic of 
the Philippines shall be promptly adjusted and 
settled by mutual agreement, and all existing prop- 
erty rights of citizens and corporations of the United 



159 

States of America in the Republic of the Philippines 
and of citizens and corporations of the Republic of 
the Philippines in the United States of America shall 
be acknowledged, respected and safeguarded to the 
same extent as property rights of citizens and 
corporations of the Republic of the Philippines and 
of the United States of America respectively. Both 
Governments shall designate representatives who 
may in concert agree on measures best calculated to 
effect a satisfactory and expeditious disposal of such 
claims as may not be covered by existing legislation. 

Article VII. — The Republic of the Philippines 
agrees to assume all continuing obligations assumed 
by the United States of America under the Treaty 
of Peace between the United States of America and 
Spain concluded at Paris on the 10th day of Decem- 
ber, 1898, by which the Philippine Islands were ceded 
to the United States , of America, and under the 
Treaty between the United States of America and 
Spain concluded at Washington on the 7th day of 
November, 1900. 

Article VIII. — This Treaty shall enter into force 
on the exchange of instruments of ratification. 

This Treaty shall be submitted for ratification in 
accordance with the constitutional procedures of the 
United States of America and of the Republic of the 
Philippines; and instruments of ratification shall be 
exchanged and deposited at Manila. 

Signed at Manila this fourth day of July, one 
thousand nine hundred forty-six. 

For the Government of the United States of 
America : 

[seal] Paul V. McNutt 

For the Government of the Republic of the Philip- 
pines: 

[seal] Manuel Roxas 



160 

Protocol to the Treaty of General Relations, 

4 July 1946 

It is understood and agreed by the High Con- 
tracting Parties that this Treaty is for the purpose of 
recognizing the independence of the Republic of the 
Philippines and for the maintenance of close and 
harmonious relations between the two Governments. 

It is understood and agreed that this Treaty does 
not attempt to regulate the details of arrangements 
between the two Governments for their mutual 
defense; for the establishment, termination or regu- 
lation of the rights and duties of the two countries, 
each with respect to the other, in the settlement of 
claims, as to the ownership or control of real or per- 
sonal property, or as to the carrying out of provisions 
of law of either country; or for the settlement of 
rights or claims of citizens or corporations of either 
country with respect to or against the other. 

It is understood and agreed that the conclusion 
and entrance into force of this Treaty is not exclusive 
of further treaties and executive agreements pro- 
viding for the specific regulation of matters broadly 
covered herein. 

It is understood and agreed that pending final 
ratification of this Treaty, the provisions of Articles 
II and III shall be observed by executive agreement. 

Signed at Manila this fourth day of July, one 
thousand nine hundred forty-six. 

For the Government of the United States of 
America: 

[seal] Paul V. McNutt 

For the Government of the Republic of the 
Philippines: 

[seal] Manuel Roxas 



161 

(13) Agreement Concerning Military Bases, Manila, 

14 March 1947* 

(Department of State Press Release 193) 

Whereas, the war in the Pacific has confirmed the 
mutuality of interest of the United States of America 
and the Republic of the Philippines in matters re- 
lating to the defense of their respective territories 
and that mutuality of interest demands that the 
Governments of the two countries take the neces- 
sary measures to promote their mutual security and 
to defend their territories and areas; 

Whereas, the Governments of the United States 
of America and of the Republic of the Philippines 
are desirous of cooperating in the common defense 
of their two countries through arrangements con- 
sonant with the procedures and objectives of the 
United Nations; and particularly through a grant to 
the United States of America by the Republic of the 
Philippines, in the exercise of its title and sovereignty, 
of the use, free of rent, in furtherance of the mutual 
interest of both countries, of certain lands of the 
public domain; 

Whereas, the Government of the Republics of the 
Philippines has requested United States assistance in 
providing for the defense of the Philippines and in 
developing for such defense effective Philippine 
Armed Forces; 

Whereas, pursuant to this request the Government 
of the United States of America has, in view of its 
interest in the welfare of the Philippines indicated 
its intention of dispatching a military mission to the 
Philippines and of extending to her appropriate 

♦Not in force, 3 October 1947. 



162 

assistance in the development of the Philippine 
defense forces; 

Whereas, a Joint Resolution of the Congress of the 
United States of America of June 29, 1944, authorized 
the President of the United States of America to 
acquire bases for the mutual protection of the Philip- 
pines and of the United States of America; and 

Whereas, Joint Resolution No. 4 of the Congress 
of the Philippines, approved July 28, 1945, authorized 
the President of the Republic of the Philippines to 
negotiate with the President of the United States 
of America for the establishment of bases provided 
for in the Joint Resolution of the Congress of the 
United States of America of June 29, 1944, with a 
view to insuring the** territorial integrity of the 
Philippines, the mutual protection of the Philippines 
and the United States of America, and the main- 
tenance of peace in the Pacific; 

Therefore the Governments of the United States 
of America and of the Republic of the Philippines 
agree upon the following terms for the delimitation, 
establishment, maintenance and operation of military 
bases in the Philippines: 

Article I. Grant of Bases. — 1. The Government 
of the Republic of the Philippines (hereinafter re- 
ferred to as the Philippines) grants to the Govern- 
ment of the United States of America (hereinafter 
referred to as the United States) the right to retain 
the use of the bases in the Philippines listed in Annex 
A attached hereto. 

2. The Philippines agrees to permit the United 
States, upon notice to the Philippines, to use such 
of those bases listed in Annex B as the United States 
determines to be required by military necessity. 

3. The Philippines agrees to enter into negotiations 
with the United States at the latter's request, to 
permit the United States to expand such bases, to 



163 

exchange such bases for other bases, to acquire 
additional bases, or relinquish rights to bases, as any 
of such exigencies may be required by military 
necessity. 

4. A narrative description of the boundaries of the 
bases to which this Agreement relates is given in 
Annex A and Annex B. An exact description of the 
bases listed in Annex A, with metes and bounds, in 
conformity with the narrative descriptions will be 
agreed upon between the appropriate authorities of 
the two Governments as soon as possible. With 
respect to any of the bases listed in Annex B, an 
exact description with metes and bounds, in con- 
formity with the narrative description of such bases, 
will be agreed upon if and when such bases are ac- 
quired by the United States. 

Article II. Mutual Cooperation. — 1. It is mutually 
agreed that the armed forces of the Philippines may 
serve on United States bases and that the armed 
forces of the United States may serve on Philippine 
military establishments whenever such conditions 
appear beneficial as mutually determined by the 
armed forces of both countries. 

2. Joint outlined plans for the development of 
military bases in the Philippines may be prepared by 
military authorities of the two Governments. 

3. In the interests of international security any 
bases listed in Annexes A and B may be made avail- 
able to the Security Council of the United Nations 
on its call by prior mutual agreement between the 
Philippines and the United States. 

Article III. Description of Rights. — 1. It is 
mutually agreed that the United States shall have 
the rights, power and authority within the bases 
which are necessary for the establishment, use, opera- 
tion and defense thereof or appropriate for the con- 
trol thereof and all the rights, power and authority 



164 

within the limits of territorial waters and air space 
adjacent to, or in the vicinity of, the bases which are 
necessary to provide access to them, or appropriate 
for their control. 

2. Such rights, power and authority shall include, 
inter alia, the right, power and authority: 

(a) to construct (including dredging and rilling), 
operate, maintain, utilize, occupy, garrison and con- 
trol the bases; 

(b) to improve and deepen the harbors, channels, 
entrances and anchorages, and to construct or main- 
tain necessary roads and bridges affording access to 
the bases; 

(c) to control (including the right to prohibit) in 
so far as may be required for the efficient operation 
and safety of the bases, and within the limits of mili- 
tary necessity, anchorages, moorings, landings, take- 
offs, movements and operation of ships and water- 
borne craft, craft and other vehicles on water, in the 
air or on land comprising or in the vicinity of the 
bases; 

(d) the right to acquire, as may be agreed between 
the two Governments, such rights of way, and to 
construct thereon, as may be required for military 
purpose, wire and radio communications facilities, 
including submarine and subterranean cables, pipe 
lines and spur tracks from railroads to bases, and the 
right, as may be agreed upon between the two Gov- 
ernments to construct the necessary facilities; 

(e) to construct, install, maintain, and employ on 
any base any type of facilities, weapons, substance, 
device, vessel or vehicle on or under the ground, in 
the air or on or under the water that may be requisite 
or appropriate, including meteorological systems, 
aerial and water navigation lights, radio and radar 
apparatus and electronic devices of any desired 
power, type of emission and frequency. 



165 

3. In the exercise of the above-mentioned rights, 
power and authority, the United States agrees that 
the powers granted to it will not be used unreason- 
ably or, unless required by military necessity deter- 
mined by the two Governments so as to interfere 
with the necessary rights of navigation, aviation, 
communication, or land travel within the territories 
of the Philippines. In the practical application out- 
side the bases of the rights, power and authority 
granted in this Article there shall be, as the occasion 
requires, consultation between the two Governments. 

Article IV. Shipping and Navigation. — 1. It is 
mutually agreed that United States public vessels 
operated by or for the War or Navy Departments, 
the Coast Guard or the Coast and Geodetic Sur- 
vey, and the military forces of the United States, 
military and naval aircraft and Government-owned 
vehicles, including armor, shall be accorded free 
access to and movement between ports and United 
States bases throughout the Philippines, including 
territorial waters, by land, air and sea. This right 
shall include freedom from compulsory pilotage and 
all toll charges. If, however, a pilot is taken, pilot- 
age shall be paid for at appropriate rates. In con- 
nection with entrance into Philippine ports by United 
States public vessels appropriate notification under 
normal conditions shall be made to the Philippine 
authorities. 

2. Lights and other aids to navigation of vessels 
and aircraft placed or established in the bases and 
territorial waters adjacent thereto or in the vicinity 
of such bases shall conform to the system in use in 
the Philippines. The position, characteristics and 
any alterations in the light or other aids shall be com- 
municated in advance to the appropriate authorities 
of the Philippines. 

3. Philippine commercial vessels may use the bases 



166 

on the same terms and conditions as United States 
commercial vessels. 

4. It is understood that a base is not a part of the 
territory of the United States for the purpose of 
coastwise shipping laws so as to exclude Philippine 
vessels from trade between the United States and 
the bases. 

Article V. Exemption From Customs and Other 
Duties. — No import, excise, consumption or other 
tax, duty or impost shall be charged on material, 
equipment, supplies or goods, including food stores 
and clothing, for exclusive use in the construction, 
maintenance, operation or defense of the bases, con- 
signed to, or destined for, the United States author- 
ities and certified by them to be for such purposes. 

Article VI. Maneuver and Other Areas. — The 
United States shall, subject to previous agreement 
with the Philippines, have the right to use land and 
coastal sea areas of appropriate size and location for 
periodic maneuvers, for additional staging areas, 
bombing and gunnery ranges, and for such inter- 
mediate airfields as may be required for safe and 
efficient air operations. Operations in such areas 
shall be carried on with due regard and safeguards 
for the public safety. 

Article VII. Use of Public Services. — It is mutu- 
ally agreed that the United States may employ and 
use for United States military forces any and all 
public utilities, other services and facilities, airfields, 
ports, harbors, roads, highways, railroads, bridges, 
viaducts, canals, lakes, rivers and streams in the 
Philippines under conditions no less favorable than 
those that may be applicable from time to time to 
the military forces of the Philippines. 

Article VIII. Health Measures Outside Bases. — 
It is mutually agreed that the United States may 
construct, subject to agreement by the appropriate 



167 

Philippine authorities, wells, water catchment areas 
or dams to insure an ample supply of water for all 
base operations and personnel. The United States 
shall likewise have the right, in cooperation with the 
appropriate authorities of the Philippines, to take 
such steps as may be mutually agreed upon to be 
necessary to improve health and sanitation in areas 
contiguous to the bases, including the right, under 
such conditions as may be mutually agreed upon, to 
enter and inspect any privately owned property. 
The United States shall pay just compensation for 
any injury to persons or damage to property that 
may result from action taken in connection with this 
Article. 

Article IX. Surveys. — It is mutually agreed that 
the United States shall have the right, after ap- 
propriate notification has been given to the Philip- 
pines, to make topographic, hydrographic, and coast 
and geodetic surveys and aerial photographs in any 
part of the Philippines and waters adjacent thereto. 
Copies with title and triangulation data of any 
surveys or photomaps made of the Philippines shall 
be furnished to the Philippines. 

Article X. Cemeteries and Historical Sites. — 1. 
The United States shall have the right to use and 
maintain such United States military cemeteries 
and such sites of historical significance to the United 
States as may be agreed upon by the two Govern- 
ments. All rights, power and authority in relation 
to bases granted under this Agreement shall be ap- 
plicable, in so far as appropriate, to the cemeteries 
and sites mentioned in this Article. 

2. Furthermore, it is recognized that there are 
certain cemeteries and historical sites in the Philip- 
pines revered in the memory of the People of the 
United States and of the Philippines, and it is there- 
fore fitting that the maintenance and improvement 



168 

of such memorials be the common concern of the two 
countries. 

Article XI. Immigration. — 1. It is mutually 
agreed that the United States shall have the right 
to bring into the Philippines members of the United 
States military forces and the United States nationals 
employed by or under a contract with the United 
States together with their families, and technical 
personnel of other nationalities (not being persons 
excluded by the laws of the Philippines) in connec- 
tion with the construction, maintenance, or opera- 
tion of the bases. The United States shall make 
suitable arrangements so that such persons may be 
readily identified and their status established when 
necessary by the Philippine authorities. Such per- 
sons, other than members of the United States armed 
forces in uniform, shall present their travel docu- 
ments to the appropriate Philippine authorities for 
visas, it being understood that no objection will be 
made to their travel to the Philippines as non- 
immigrants. 

2. If the status of any person within the Philip- 
pines and admitted thereto under the foregoing 
paragraph shall be altered so that he would no longer 
be entitled to such admission, the United States 
shall notify the Philippines and shall, if such person 
be required to leave the Philippines by the latter 
Government, be responsible for providing him with 
a passage from the Philippines within a reasonable 
time, and shall in the meantime prevent his becoming 
a public responsibility of the Philippines. 

Article XII. Internal Revenue Tax Exemption. — 
1. No member of the United States armed forces, 
except Filipino citizens, serving in the Philippines in 
connection with the bases and residing in the Philip- 
pines by reason only of such service, or his depend- 
ents, shall be liable to pay income tax in the Philip- 



169 

pines except in respect of income derived from 

Philippine sources. 

2. No national of the United States serving in or 
employed in the Philippines in connection with the 
construction, maintenance, operation or defense of the 
bases and residing in the Philippines by reason only 
of such employment, or his spouse and minor children 
and dependent parents of either spouse, shall be 
liable to pay income tax in the Philippines except in 
respect of income derived from Philippine sources 
or sources other than the United States sources. 

3. No person referred to in paragraphs 1 and 2 
of this Article shall be liable to pay to the Govern- 
ment or local authorities of the Philippines any poll 
or residence tax, or any import or export duty, or any 
other tax on personal property imported for his own 
use; provided that privately owned vehicles shall be 
subject to payment of the following only: when 
certified as being used for military purposes by ap- 
propriate United States authorities, the normal license 
plate fee; otherwise, the normal license plate and 
registration fees. 

4. No national of the United States, or corpora- 
tion organized under the laws of the United States, 
resident in the United States, shall be liable to pay 
income tax in the Philippines in respect of any 
profits derived under a contract made in the United 
States with the Government of the United States 
in connection with the construction, maintenance, 
operation and defense of the bases, or any tax in 
the nature of a license in respect of any service or 
work for the United States in connection with the 
construction, maintenance, operation and defense of 
the bases. 

Article XIII. Jurisdiction. — 1. The Philippines 



170 

consents that the United States shall have the right 
to exercise jurisdiction over the following offenses: 

(a) Any offense committed by any person within 
any base; except where the offender and the offended 
parties are both Philippine citizens, not members of 
the Armed Forces of the United States on active 
duty or the offense is against the security of the 
Philippines, and the offender is a Philippine citizen; 

(b) Any offense committed outside the bases by 
any member of the Armed Forces of the United 
States in which the offended party is also a member 
of the Armed Forces of the United States; and 

(c) Any offense committed outside the bases by 
any member of the Armed Forces of the United 
States against the security of the United States. 

2. The Philippines shall have the right to exercise 
jurisdiction over all other offenses committed out- 
side the bases by any member of the Armed Forces 
of the United States. 

3. Whenever for special reasons the United States 
may desire not to exercise the jurisdiction reserved 
to it in paragraphs 1 and 6 of this Article, the officer 
holding the offender in custody shall so notify the 
fiscal (prosecuting attorney) of the city or province 
in which the offense has been committed within ten 
days after his arrest, and in such a case the Philippines 
shall exercise jurisdiction. 

4. Whenever for special reasons the Philippines 
may desire not to exercise the jurisdiction reserved 
to it in paragraph 2 of this Article, the fiscal (prose- 
cuting attorney) of the city or province where the 
offense has been committed shall so notify the 
officer holding the offender in custody within ten 
days after his arrest, and in such a case the United 
States shall be free to exercise jurisdiction. If any 
offense falling under paragraph 2 of this Article is 



171 

committed by any member of the Armed Forces of 
the United States 

(a) while engaged in the actual performance of a 
specific military duty, or 

(b) during a period of national emergency de- 
clared by either Government and the fiscal (prose- 
cuting attorney) so finds from the evidence, he shall 
immediately notify the officer holding the offender 
in custody that the United States is free to exercise 
jurisdiction. In the event the fiscal (prosecuting 
attorney) finds that the offense was not committed 
in the actual performance of a specific military duty, 
the offender's commanding officer shall have the 
right to appeal from such finding to the Secretary of 
Justice within ten days from the receipt of the deci- 
sion of the fiscal and the decision of the Secretary of 
Justice shall be final. 

5. In all cases over which the Philippines exercise 
jurisdiction the custody of the accused, pending 
trial and final judgment, shall be entrusted without 
delay to the commanding officer of the nearest base,, 
who shall acknowledge in writing that such accused 
has been delivered to him for custody pending trial 
in a competent court of the Philippines and that 
he will be held ready to appear and will be produced 
before said court when required by it. The com- 
manding officer shall be furnished by the fiscal 
(prosecuting attorney) with a copy of the informa- 
tion against the accused upon the filing of the origi- 
nal in the competent court. 

6. Notwithstanding the foregoing provisions, it is 
mutually agreed that in time of war the United 
States shall have the right to exercise exclusive 
jurisdiction over any offenses which may be com- 
mitted by members of the Armed Forces of the 
United States in the Philippines. 

777534 — 48 12 



172 

7. The United States agrees that it will not grant 
asylum in any of the bases to any person fleeing 
from the lawful jurisdiction of the Philippines. 
Should any such person be found in any base, he 
will be surrendered on demand to the competent 
authorities of the Philippines. 

8. In every case in which jurisdiction over an 
offense is exercised by the United States, the offended 
party may institute a separate civil action against 
the offender in the proper court of the Philippines 
to enforce the civil liability which under the laws 
of the Philippines may arise from the offense. 

Article XIV. Arrest and service of process. — 
1. No arrest shall be made and no process, civil or 
criminal, shall be served within any base except 
with the permission of the commanding officer of 
such base; but should the commanding officer refuse 
to grant such permission he shall (except in cases of 
arrest where the United States has jurisdiction 
under Article XIII) forthwith take the necessary 
steps to arrest the person charged and surrender him 
to the appropriate authorities of the Philippines or 
to serve such process, as the case may be, and to 
provide the attendance of the server of such process 
before the appropriate court in the Philippines or 
procure such server to make the necessary affidavit 
or declaration to prove such service as the case may 
require. 

2. In cases where the service courts of the United 
States have jurisdiction under Article XIII, the 
appropriate authorities of the Philippines will, on 
request, give reciprocal facilities as regards the 
service of process and the arrest and surrender of 
alleged offenders. 

Article XV. Security legislation. — The Philip- 
pines agrees to take such steps as may from time to 
time be agreed to be necessary with a view to the 



173 

enactment of legislation to insure the adequate 
security and protection of the United States bases, 
equipment and other property and the operations 
of the United States under this Agreement, and the 
punishment of persons who may contravene such 
legislation. It is mutually agreed that appropriate 
authorities of the two Governments will also consult 
from time to time in order to insure that laws and 
regulations of the United States and of the Philip- 
pines in relation to such matter shall, so far as may 
be possible, be uniform in character. 

Article XVI. Postal facilities. — It is mutually 
agreed that the United States shall have the right 
to establish and maintain United States post offices 
in the bases for the exclusive use of the United 
States forces and civilian personnel who are nationals 
of the United States and employed in connection 
with the construction, maintenance, and operation 
of the bases, and the families of such persons, for 
domestic use between United States post offices in the 
bases and between such post offices and other United 
States post offices. The United States shall have 
the right to regulate and control within the bases 
all communications within, to and from such bases. 

Article XVII. Removal of improvements. — 1. It 
is mutually agreed that the United States shall 
have the right to remove or dispose of any or all 
removable improvements, equipment or facilities 
located at or on any base and paid for with funds of 
the United States. No export tax shall be charged 
on any material or equipment so removed from the 
Philippines. 

2. All buildings and structures, which are erected 
by the United States in the bases shall be the prop- 
erty of. the United States and may be removed by it 
before the expiration of this Agreement or the earlier 
relinquishment of the base on which the structures 



174 

are situated. There shall be no obligation on the 
part of the United States or the Philippines to re- 
build or repair any destruction or damage inflicted 
from any cause whatsoever on any of the said build- 
ings or structures owned or used by the United 
States in the bases. The United States is not obli- 
gated to turn over the bases to the Philippines at the 
expiration of this Agreement or the earlier relin- 
quishment of any bases in the condition in which 
they were at the time of their occupation, nor is 
the Philippines obliged to make any compensation 
to the United States for the improvements made in 
the bases or for the buildings or structures left 
thereon, all of which shall become the property of 
the Philippines upon the termination of the Agree- 
ment or the earlier relinquishment by the United 
States of the bases where the structures have been 
built. 

Article XVIII. Sales and Services Within the 
Bases. — 1. It is mutually agreed that the United 
States shall have the right to establish on bases, free 
of all licenses; fees; sales, excise or other taxes, or 
imposts; Government agencies, including conces- 
sions, such as sales commissaries and post exchanges, 
messes and social clubs, for the exclusive use of the 
United States military forces and authorized civilian 
personnel and their families. The merchandise or 
services sold or dispensed by such agencies shall be 
free of all taxes, duties and inspection by the 
Philippine authorities. Administrative measures 
shall be taken by the appropriate authorities of the 
United States to prevent the resale of goods which 
are sold under the provisions of this Article to persons 
not entitled to buy goods at such agencies and, 
generally, to prevent abuse of the privileges granted 
under this Article. There shall be cooperation 



175 

between such authorities and the Philippines to this 
end. 

2. Except as may be provided in any other agree- 
ments, no person shall habitually render any pro- 
fessional services in a base except to or for the 
United States or to or for the persons mentioned in 
the preceding paragraph. No business shall be 
established in a base, it being understood that the 
Government agencies mentioned in the preceding 
paragraph shall not be regarded as businesses for the 
purposes of this Article. 

Article XIX. Commercial Concerns. — It is mutual- 
ly agreed that the United States shall have the right, 
with the consent of the Philippines, to grant to com- 
mercial concerns owned or controlled by citizens of 
the United States or of the Philippines such rights to 
the use of any base or facility retained or acquired 
by the United States as may be deemed appropriate 
by both Governments to insure the development and 
maintenance for defense purposes of such bases and 
facilities. 

Article XX. Military or Naval Police. — It is 
mutually agreed that there shall be close cooperation 
on a reciprocal basis between the military and naval 
police forces of the United States and the police 
forces of the Philippines for the purpose of preserving 
order and discipline among United States military 
and naval personnel. 

Article XXI. Temporary Installations. — 1. It is 
mutually agreed that the United States shall retain 
the right to occupy temporary quarters and installa- 
tions now existing outside the bases mentioned in 
Annex A and Annex B for such reasonable time, 
not exceeding two years, as may be necessary to 
develop adequate facilities within the bases for the 
United States Armed Forces. If circumstances re- 
quire an extension of time, such a period will be fixed 



176 

by mutual agreement of the two Governments; but 
such extensions shall not apply to the existing tem- 
porary quarters and installations within the limits 
of the City of Manila and shall in no case exceed a 
period of three years. 

2. Notwithstanding the provisions of the preced- 
ing paragraph, the port of Manila reservation with 
boundaries as of 1941 will be available for use 
to the United States Armed Forces until such time 
as other arrangements can be made for supply of the 
bases by mutual agreement of the two Governments. 

3. The terms of this Agreement pertaining to bases 
shall be applicable to temporary quarters and in- 
stallations referred to in paragraph one of this 
Article while they are so occupied by the Armed 
Forces of the United States; provided, that offenses 
committed within the temporary quarters and in- 
stallations located within the present limits of the 
City of Manila shall not be considered as offenses 
within the bases but shall be governed by the pro- 
visions of Article thirteen, paragraphs two and four, 
except that the election not to exercise the juris- 
diction reserved to the Philippines shall be made by 
the Secretary of Justice. It is agreed that the 
United States shall have full use and full control of 
all these quarters and installations while they are 
occupied by the Armed Forces of the United States, 
including the exercise of such measures as may 
be necessary to police quarters for the security of the 
personnel and property therein. 

Article XXII. Condemnation or Expropriation. — 
1. Whenever it is necessary to acquire by condemna- 
tion or expropriation proceedings real property be- 
longing to any private persons, associations or cor- 
porations located in bases named in Annex A and 
Annex B in order to carry out the purposes of this 
Agreement, the Philippines will institute and prose- 



177 

cute such condemnation or expropriation proceedings 
in accordance with the laws of the Philippines. The 
United States agrees to reimburse the Philippines for 
all the reasonable expenses, damages and costs there- 
by incurred, including the value of the property as 
determined by the Court. In addition, subject to 
the mutual agreement of the two Governments, the 
United States will reimburse the Philippines for the 
reasonable costs of transportation and removal of 
any occupants displaced or ejected by reason of the 
condemnation or expropriation. 

2. Prior to the completion of such condemnation or 
expropriation proceedings, in cases of military neces- 
sity the United States shall have the right to take 
possession of such property required for military 
purposes as soon as the legal requisites for obtaining 
possession have been fulfilled. 

3. The properties acquired under this Article 
shall be turned over to the Philippines upon the 
expiration of this Agreement, or the earlier relin- 
quishment of such properties, under such terms and 
conditions as may be agreed upon by the two Govern- 
ments. 

Article XXIII. Civil Liability. — For the purpose 
of promoting and maintaining friendly relations by 
the prompt settlement of meritorious claims, the 
United States shall pay just and reasonable com- 
pensation, when accepted by claimants in full satis- 
faction and in final settlement, for claims, including 
claims of insured but excluding claims of subrogees, 
on account of damage to or loss or destruction of 
private property, both real and personal or personal 
injury or death of inhabitants of the Philippine 
Islands, when such damage, loss, destruction or 
injury is caused by the Armed Forces of the United 
States, or individual members thereof, including 
military or civilian employees thereof, or otherwise 



178 

incident to non-combat activities of such forces; 
provided that no claim shall be considered unless 
presented within one year after the occurrence of the 
accident or incident out of which such claim arises. 

Article XXIV. Mineral Resources. — All minerals 
(including oil), and antiquities and all rights relating 
thereto and to treasure trove, under, upon, or con- 
nected with the land and water comprised in the 
bases or otherwise used or occupied by the United 
States by virtue of this Agreement, are reserved to 
the Government and inhabitants of the Philippines; 
but no rights so reserved shall be transferred to 
third parties, or exercised within the bases, without 
the consent of the United States. The United 
States shall negotiate with the proper Philippine 
authorities for the quarrying of rock and gravel 
necessary for construction work on the bases. 

Article XXV. Grant of Bases to a Third Power. — 
The Philippines agrees that it shall not grant, with- 
out prior consent of the United States, any bases or 
any rights, power, or authority whatsoever, in or 
relating to bases, to any third power. 

2. It is further agreed that the United States 
shall not, without the consent of the Philippines, 
assign, or underlet, or part with the possession of 
the whole or any part of any base, or of any right, 
power or authority granted by this Agreement, to 
any third power. 

Article XXVI. Definition of Bases. — For the 
purposes of this Agreement, bases are those areas 
named in Annex A and Annex B and such additional 
areas as may be acquired for military purposes pur- 
suant to the terms of this Agreement. 

Article XXVII. Voluntary Enlistment of Philip- 
pine Citizens. — It is mutually agreed that the United 
States shall have the right to recruit citizens of the 



179 

Philippines for voluntary enlistment into the United 
States Armed Forces for a fixed term of years and to 
train them and to exercise the same degree of control 
and discipline over them as is exercised in the case 
of other members of the United States Armed Forces. 
The number of s,uch enlistments to be accepted by 
the Armed Forces of the United States may from 
time to time be limited by agreement between the 
two Governments. 

Article XXVIII. United States Reserve Organiza- 
tions. — It is mutually agreed that the United States 
shall have the right to enroll and train all eligible 
United States citizens residing in the Philippines in 
the reserve organizations of the Armed Forces of 
the United States, which include the Officers Reserve 
Corps and the Enlisted Reserve Corps, except that 
prior consent of the Philippines shall be obtained 
in the case of such persons who are employed by 
the Philippines or any municipal or provincial 
government thereof. 

Article XXIX. Term of Agreement. — The present 
Agreement shall enter into force upon its acceptance 
by the two Governments and shall remain in force 
for a period of ninety-nine years subject to exten- 
sion thereafter as agreed by the two Governments. 

Signed in Manila, P. I., in duplicate this 14th 
day of March, 1947. 

On behalf of the Government of the United States 
of America : 

Paul V. McNutt, 
United States Ambassador to the 

Republic of the Philippines. 

On behalf of the Government of the Republic of 
the Philippines: 

Manuel A. Roxas, 
President of the Republic of the 

Philippines. 



180 

Annex "A" 

Clark Field Airbase, Pampanga 

Fort Stotsenberg, Pampanga 

Mariveles Military Reservation, POL Terminal & 
Training Area, Bataan 

Camp John Hay Leave and Recreation Center, 
Baguio 

Army Communications System with the deletion of 
all stations in the Port of Manila Area. 

U. S. AF Cemetery No. 2, San Francisco, Delmonte, 
Rizal 

Angeles General Depot, Pampanga 

Leyte-Samar Naval Base including shore installa- 
tions and air bases 

Subic Bay, No. West Shore Naval Base Zambales 
Province and the existing naval reservation at 
Olongapo and the existing Baguio naval reserva- 
tion 

Tawi Tawi Naval Anchorage and small adjacent 
land areas 

Canacao — Sangley Point Navy Base, Cavite Pro- 
vince 

Bagobantay Transmitter Area, Quezon City, and 
associated radio receiver and control sites, Manila 
Area 

Tarumpitao Point (Loran Master Transmitter Sta- 
tion) (Palawan) 

Talampulan Island, C. G. #354 (Loran) (Palawan) 

Naule Point (Loran Station) (Zambales) 

Castillejos, C. G. #356 (Zambales) 

Annex "B" 

Mactan Island Army and Navy Airbase 
Florida Blanca Airbase, Pampanga 
Aircraft Service Warning Net 
Camp Wallace, San Fernando, La Union 



181 

Puerta Princesa Army and Navy Air Base including 
Navy Section Base and Air Warning Sites, Palawan 
Tawi Tawi Naval Base, Sulu Archipelago 
Aparri Naval Air Base. 

(14) Agreement on Military Assistance, Manila, 
21 March 1947 

(Text supplied by the Department of State) 

Considering the desire of the Government of the 
Republic of the Philippines to obtain assistance in 
the training and development of its armed forces 
and the procurement of equipment and supplies 
therefor during the period immediately following the 
independence of the Philippines, considering the 
Agreement between the United States of America 
and the Republic of the Philippines concerning 
military bases, signed March 14, 1947, and in view 
of the mutual interest of the two Governments in 
matters of common defense, the President of the 
United States of America has authorized the render- 
ing of military assistance to the Republic of the 
Philippines toward establishing and maintaining 
national security and toward forming a basis for 
participation by that Government in such defensive 
military operations as the future may require, and 
to attain these ends the Governments of the United 
States of America and the Republic of the Philippines 
have agreed as follows: 

Title I. Purpose and Duration 

Article 1. Subject to mutual agreements, the 
Government of the United States of America will 
furnish military assistance to the Government of the 
Republic of the Philippines in the training and 
development of armed forces and in the performance 
of other services essential to the fulfillment of those 



182 

obligations which may devolve upon the Republic of 
the Philippines under its international agreements 
including commitments assumed under the United 
Nations and to the maintenance of the peace and 
security of the Philippines, as provided in Title II r 
Article 6, hereof. 

Article 2. — This Agreement shall continue for a 
period of five years from July 4, 1946, unless pre- 
viously terminated or extended as hereinafter pro- 
vided. 

Article 3. — If the Government of the Republic 
of the Philippines should desire that this Agreement 
be extended beyond the stipulated period, it shall 
make a written proposal to that effect at least one 
year before the expiration of this Agreement. 

Article 4. — This Agreement may be terminated 
before the expiration of the period of five years 
prescribed in Article 2, or before the expiration of an 
extension authorized in Article 3, by either Govern- 
ment, subject to three months' written notice to the 
other Government. 

Article 5. — It is agreed on the part of the Govern- 
ment of the Republic of the Philippines that title 
to all arms, vessels, aircraft, equipment and supplies, 
expendable items excepted, that are furnished under 
this Agreement on a non-reimbursable basis shall 
remain in the United States of America. 

Title II. General 

Article 6. — For the purposes of this Agreement 
the military assistance authorized in Article 1 hereof 
is defined as the furnishing of arms, ammunition, 
equipment and supplies; certain aircraft and naval 
vessels, and instruction and training assistance by 
the Army and Navy of the United States and shall 
include the following: 



183 

(a) Establishing in the Philippines of a United 
States Military Advisory Group composed of an 
Army group, a Navy group and an Air group to assist 
and advise the Republic of the Philippines on military 
and naval matters; 

(b) Furnishing from United States sources equip- 
ment and technical supplies for training, operations 
and certain maintenance of -Philippine armed forces 
of such strength and composition as mutually agreed 
upon; 

(c) Facilitating the procurement by the Govern- 
ment of the Republic of the Philippines of a military 
reserve of United States equipment and supplies, in 
such amounts as may be subsequently agreed upon; 

(d) Making available selected facilities of United 
States Army and Navy training establishments to 
provide training for key personnel of the Philippine 
armed forces, under the conditions hereinafter 
described. 

Title III. Military Advisory Group 

Article 7. — The Military Advisory Group shall 
consist of such number of United States military 
personnel as may be agreed upon by the Govern- 
ments of the United States of America and the 
Republic of the Philippines. 

Article 8. — The functions of the Military Ad- 
visory Group shall be to provide such advice and 
assistance to the Republic of the Philippines as has 
been authorized by the Congress of the United 
States of America and as is necessary to accomplish 
the purposes set forth in Article 1 of this Agreement. 

Article 9. — Each member of the Military Ad- 
visory Group shall continue as a member of the 
branch of the armed forces of the United States to 
which he belongs and serve with that group in the 
rank, grade or rating he holds in the armed forces 



184 

of the United States and shall wear the uniform 
thereof, as provided in current regulations. Officers 
and enlisted men so detailed are authorized to 
accept from the Government of the Republic of the 
Philippines offices and such pay and emoluments 
thereunto appertaining as may be offered by that 
Government and approved by the appropriate au- 
thorities of the United States, such compensation 
to be accepted by the United States Government 
for remittance to the individual if in the opinion of 
the appropriate authorities of the United States 
such course appears desirable. 

Article 10. — Members of the Military Advisory 
Group shall serve under the direction of the authori- 
ties of the United States of America. 

Article 11. — All members of the Group shall be 
on active duty and shall be paid regularly authorized 
pay and allowances by the Government of the United 
States of America, plus a special allowance to com- 
pensate for increased costs of living. 

This special allowance shall be based upon a scale 
agreed upon by the Governments of the United 
States of America and the Republic of the Philippines 
and shall be revised periodically. The Government 
of the Republic of the Philippines shall reimburse the 
Government of the United States of America for the 
special allowances provided for in this Article. The 
speciall allowance shall be applicable for the entire 
period each member of the group resides in the 
Philippines on duty with the Group, except as speci- 
fied elsewhere in this Agreement. 

Article 12. — The Government of the Republic 
of the Philippines agrees to extend to the Military 
Advisory Group the same exemptions and privileges 
granted by Articles V, XII and XVIII of the Agree- 
ment Between the United States of America and the 



185 

Republic of the Philippines Concerning Military 
Bases, signed March 14, 1947. 

Article 13. — Except as may be otherwise sub- 
sequently agreed by the two Governments, the ex- 
pense of the cost of transportation of each member 
of the Military Advisory Group, his dependents, 
household effects, and belongings to and from the 
Philippines shall be borne by the Government of the 
United States of America to the extent authorized 
by law. Members of the Group shall be entitled 
to compensation for expenses incurred in travel in 
the Republic of the Philippines on official business 
of the Group and such expenses shall be reimbursed 
to the Government of the United States of America 
by the Government of the Republic of the Philip- 
pines except for expenses of travel by the transporta- 
tion facilities of the Group. 

Article 14. — The Government of the Republic 
of the Philippines shall provide, and defray the cost 
of, suitable living quarters for personnel of the 
Military Advisory Group and their families and 
suitable buildings and office space for use in the 
conduct of the official business of the Military 
Advisory Group. All living and office quarters shall 
conform to the standards prescribed by the United 
States military services for similar quarters. Official 
supplies and equipment of American manufacture 
required by the Group shall be furnished by the 
Government of the United States of America which 
shall be reimbursed for the cost thereof by the 
Government of the Republic of the Philippines. 
Official supplies and equipment of other than Ameri- 
can manufacture shall be provided without cost by 
the Government of the Republic of the Philippines. 
The cost of all services required by the Group, 
including compensation of locally employed inter- 
preters, clerks, laborers, and other personnel, except 



186 

personal servants, shall be borne by the Government 
of the Republic of the Philippines. 

Article IS. — All communications between the 
Military Advisory Group and the Republic of the 
Philippines involving matters of policy shall be 
through the Ambassador of the United States of 
America to the Philippines or the Charge d'Affaires. 

Article 16. — (a) The provisions of Articles XIII 
and XXI of the Agreement of March 14, 1947 
between the United States of America and the 
Republic of the Philippines Concerning Military 
Bases are applicable to the Military Advisory 
Group, it being agreed that the Headquarters of the 
Military Advisory Group will be considered a tem- 
porary installation under the provisions of Article 
XXI of the Agreement aforementioned. 

(b) The Chief of the Military Advisory Group, 
and not to exceed six (6) other senior members of the 
group to be designated by him, will be accorded 
diplomatic immunity. 

Title IV. Logistical Assistance 

Article 17. — The decision as to what supplies, 
services, facilities, equipment and naval vessels are 
necessary for military assistance shall be made by 
agreement between the appropriate authorities of the 
United States and the Republic of the Philippines. 

Article 18. — Certain initial equipment, supplies 
and maintenance items shall be furnished gratui- 
tously by the United States in accordance with de- 
tailed arrangements to be mutually agreed upon. 
Additional equipment and supplies other than those 
surplus to the needs of the United States required in 
the furtherance of military assistance shall be fur- 
nished by the United States subject to reimburse- 
ment by the Republic of the Philippines on terms to 
be mutually agreed upon. All items of arms, muni- 





187 

tions, equipment and supplies originating from 
sources other than those surplus to the needs of the 
United States shall be furnished only when the 
requisite funds have been specifically appropriated 
by the Congress of the United States. 

Article 19. — The government of the Republic of 
the Philippines agrees that it will not relinquish 
physical possession or pass the title to any and all 
arms, munitions, equipment, supplies, naval vessels 
and aircraft furnished under this Agreement without 
the specific consent of the Government of the United 
States. 

Article 20. — Military equipment, supplies and 
naval vessels necessary in connection with the carry- 
ing out of the full program of military assistance to 
the Republic of the Philippines shall be provided 
from United States and Philippine sources in so far 
as practicable and the Government of the Republic 
of the Philippines shall procure arms, ammunition, 
military equipment and naval vessels from govern^- 
ments or agencies other than the United States of 
America only on the basis of mutual agreement 
between the Government of the United States of 
America and the Government of the Republic of 
the Philippines. The Government of the Republic 
of the Philippines shall procure United States mili- 
tary equipment, supplies and naval vessels only as 
mutually agreed upon. 

Title V. Training Assistance 

Article 21. — As part of the program of military 
assistance the Government of the Republic of the 
Philippines shall be permitted to send selected stu- 
dents to designated technical and service schools of 
the ground, naval and air services of the United 
States. Such students shall be subject to the same 

777534 — 48 13 



188 

regulations as are United States students and may be 
returned to the Philippines, without substitution, 
for violation of such regulations. Numbers of stu- 
dents and detailed arrangements shall be mutually 
agreed upon and shall be kept at a minimum for 
essential requirements. All Philippine requests for 
military training of Filipino personnel shall be made 
to the Government of the United States through the 
Military Advisory Group. 

Title VI. Security 

Article 22. — Disclosures and exchanges of classi- 
fied military equipment and information of any 
security classification to or between the Govern- 
ment of the United States of America and the Govern- 
ment of the Republic of the Philippines will be with 
the mutual understanding that the equipment and 
information will be safeguarded in accordance with 
the requirements of the military security classifica- 
tion established thereon by the originating Govern- 
ment and that no redisclosure by the recipient 
Government of such equipment and information to 
third governments or unauthorized personnel will 
be made without specific approval of the originating 
Government. 

Article 23. — So long as this Agreement, or any 
extension thereof, is in effect the Government of the 
Republic of the Philippines shall not engage or ac- 
cept the services£of any personnel of any Govern- 
ment other than the United States of America for 
duties of any nature connected with the Philippine 
armed forces, except by mutual agreement between 
the Government of the United States of America 
and the Government of the Republic of the Philip- 
pines. 



189 

Title VII 

In witness whereof, the Undersigned, duly author- 
ized thereto, have signed this Agreement in duplicate, 
in the City of Manila, this twenty-first day of March, 
1947. 

For the Government of the United States of 
America : 

Paul V. McNutt, 
Ambassador Extraordinary and Pleni- 
potentiary of the United States of Am- 
erica to the Republic of the Philippines 

For the Government of the Republic of the 
Philippines : 

Manuel Roxas, 
President of the Philippines. 



THE SOUTH PACIFIC COMMISSION 

Note. — The agreement concerning the establishment of the South Pacific 
Commission was drawn up at the South Seas Conference held at Canberra, 
28 January — 6 February 1947. It is modeled in a general way upon the Agree- 
ment of 30 October 1946, relating to the Caribbean Commission. The South 
Seas Conference further drew up a series of immediate projects to which it 
recommended that early consideration be given by the South Pacific Commis- 
sion. 

Bibliography: Emil J. Sady, Report on the South Seas Conference, 16 
Department of State Bulletin 459. 

(15) Agreement Establishing the South Pacific Com- 
mission, Canberra, 6 February 1947* 

(Text supplied by the Department of State) 

The Governments of Australia, the French Re- 
public, the Kingdom of the Netherlands, New Zea- 
land, the United Kingdom of Great Britain and 
Northern Ireland, and the United States of America 
(hereinafter referred to as "the participating Govern- 
ments"), 

Desiring to encourage and strengthen international 
co-operation in promoting the economic and social 
welfare and advancement of the peoples of the non- 
self-governing territories in the South Pacific region 
administered by them, 

Have through their duly authorised representa- 
tives met together in Canberra made an Agreement 
in the following terms : 

Article I. Establishment of the Commission, — 1. 
There is hereby established the South Pacific Com- 
mission (hereinafter referred to as "the Commis- 
sion"). 

Article II. Territorial Scope. — 2. The territorial 
scope of the Commission shall comprise all those non- 
self-governing territories in the Pacific Ocean which 
are administered by the participating Governments 

*Not in force 1 October 1947. 

190 



191 

and which lie wholly or in part south of the Equator 
and east from and including Netherlands New 
Guinea. 

3. The territorial scope of the Commission may be 
altered by agreement of all the participating Govern- 
ments. 

Article III. Composition of the Commission. — 
The Commission shall consist of not more than 
twelve Commissioners. Each participating Govern- 
ment may appoint two Commissioners and shall 
designate one of them as its senior Commissioner. 

5. Each participating Government may appoint 
such alternates and advisers to its Commissioners as 
it considers desirable. 

Article IV. Powers and Functions. — 6. The Com- 
mission shall be a consultative and advisory body 
to the participating Governments in matters affecting 
the economic and social development of the non-self- 
governing territories within the scope of the Com- 
mission and the welfare and advancement of their 
peoples. To this end, the Commission shall have the 
following powers and functions: 

{a) to study, formulate and recommend measures 
for the development of, and where necessary the co- 
ordination of services affecting, the economic and 
social rights and welfare of the inhabitants of the 
territories within the scope of the Commission, par- 
ticularly in respect of agriculture (including animal 
husbandry), communications, transport, fisheries, 
forestry, industry, labour, marketing, production, 
trade and finance, public works, education, health, 
housing and social welfare; 

{b) to provide for and facilitate research in tech- 
nical, scientific, economic and social fields in the 
territories within the scope of the Commission and 



192 

to ensure the maximum co-operation and co-ordina- 
tion of the activities of research bodies; 

(c) to make recommendations for the co-ordina- 
tion of local projects in any of the fields mentioned 
in the previous sub-paragraphs which have regional 
significance and for the provision of technological 
assistance from a wider field not otherwise available 
to a territorial administration; 

(d) to provide technical assistance, advice and in- 
formation (including statistical and other material) 
for the participating Governments ; 

(<?) to promote co-operation with non-participating 
Governments and with non-governmental organisa- 
tions of a public or quasi-public character having 
common interests in the area, in matters within the 
competence of the Commission; 

(/) to address inquiries to the participating Gov- 
ernments on matters within its competence; 

(g) to make recommendations with regard to the 
establishment and activities of auxiliary and sub- 
sidiary bodies; 

7. The Commission may discharge such other 
functions as may be agreed upon by the participating 
Governments. 

8. The Commission may make such administrative 
arrangements as may be necessary for the exercise of 
its powers and the discharge of its functions. 

9. With a view to facilitating the inauguration of 
the work of the Commission in matters immediately 
affecting the economic and social welfare of the local 
inhabitants of the territories within the scope of the 
Commission, the Commission shall give early con- 
sideration to the projects set forth in the resolution 
(appended to this Agreement) relating to important 
immediate projects adopted by the South Seas Con- 
ference at Canberra, Australia, on February 6, 1947. 

10. The participating Governments undertake to 



193 

secure such legislative and administrative provision 
as may be required to ensure that the Commission 
will be recognised in their territories as possessing 
such legal capacity and as being entitled to such 
privileges and immunities (including the inviolability 
of its premises and archives) as are necessary for the 
independent exercise of its powers and discharge of 
its functions. 

Article V. Procedure of the Commission. — 11. 
Irrespective of the place of meeting, each senior 
Commissioner shall preside over sessipns of the 
Commission in rotation, according to the English 
alphabetical order of the participating Governments. 

12. The Commission may meet at such times and 
in such places as it may determine. It shall hold 
two regular sessions in each year, and such further 
sessions as it may decide. 

13. At a meeting of the Commission two-thirds of 
all the senior Commissioners shall constitute a 
quorum. 

14. The decisions of the Commission shall be 
taken in accordance with the following rules: — 

{a) senior Commissioners only shall be entitled 
to vote; 

(b) procedural matters shall be decided by a 
majority of the senior Commissioners present and 
voting; 

(c) decisions on budgetary or financial matters 
which may involve a financial contribution by the 
participating Governments (other than a decision 
to adopt the annual administrative budget of the 
Commission), shall require the concurring votes of all 
the senior Commissioners; 

id) decisions on all other matters (including a 
decision to adopt the annual administrative budget 
of the Commission) shall require the concurring 
votes of two-thirds of all the senior Commissioners. 



194 

15. In the absence of a senior Commissioner, his 
functions shall be discharged for all purposes of this 
Article by the other Commissioner appointed by his 
Government or, in the absence of both, by an alter- 
nate designated by his Government or the senior 
Commissioner. 

16. The Commission may appoint Committees 
and, subject to the provisions of this Agreement, 
may promulgate rules of procedure and other 
regulations governing the operations of the Com- 
mission, of its auxiliary and subsidiary bodies and 
such Committees as it shall establish, and of the 
Secretariat and generally for the purpose of carrying 
into effect the terms of this Agreement. 

17. The official languages of the Commission and 
its auxiliary and subsidiary bodies, shall include 
English and French. 

18. The Commission, shall make to each of the 
participating Governments, and publish, an annual 
report on its activities, including those of its auxiliary 
and subsidiary bodies. 

Article VI. Research Council. — 19. In view of the 
special importance of research for the carrying out 
of the purposes of the Commission, there shall be 
established a Research Council which shall serve as a 
standing advisory body auxiliary to the Commission. 

Article VII. Composition of the Research Council. — 
20. Members of the Research Council shall be 
appointed by the Commission on such terms and 
conditions as the Commission may decide. 

21. {a) The Commission shall appoint, as members 
of the Research Council, such persons distinguished 
in the fields of research within the competence of the 
Commission as it considers necessary for the dis- 
charge of the Council's functions. 

(b) Among the members of the Council so ap- 
pointed there shall be a small number of persons 



195 

highly qualified in the several fields of health, 
economic development and social development who 
shall devote their full time to the work of the Re- 
search Council. 

22. The Research Council shall elect a Chairman 
from its members. 

23. The Commission shall appoint a full-time 
official who shall direct research and be charged with 
the general responsibility for supervising the execu- 
tion of the programme of the Research Council. He 
shall be, ex officio, a member and the Deputy Chair- 
man of the Council and, subject to the directions of 
the Commission, shall be responsible for arranging 
and facilitating co-operative research, for arranging 
and carrying out research projects of a special nature, 
for collecting and disseminating information con- 
cerning research and for facilitating the exchange of 
experience among research workers of the area. He 
shall be responsible to the Secretary-General for all 
administrative matters connected with the work of 
the Research Council and of its Committees. 

24. In all technical matters full-time members 
shall be under the direction of the Deputy Chairman 
of the Research Council. In all administrative 
matters they shall be responsible to the Secretary- 
General. 

25. Recommendations of the Research Council in 
connection with research projects to be undertaken 
shall be first submitted to the Commission for 
approval. 

Article VIII. — Functions of the Research Coun- 
cil. — 26. The functions of the Research Council 
shall be: 

{a) to maintain a continuous survey of research 
needs in the territories within the scope of the Com- 



196 

mission and to make recommendations to the Com- 
mission on research to be undertaken; 

(b) to arrange, with the assistance of the Secretary- 
General, for the carrying out of the research studies 
approved by the Commission, using existing insti- 
tutions where appropriate and feasible; 

(c) to co-ordinate the research activities of other 
bodies working within the field of the Commission's 
activities and, where possible, to avail itself of the 
assistance of such bodies; 

(d) to appoint technical standing research com- 
mittees to consider problems in particular fields of 
research; 

(e) to appoint, with the approval of the Commis- 
sion, ad hoc research committees to deal with special 
problems; 

(/") to make to each session of the Commission a 
report of its activities. 

Article IX. The South Pacific Conference. — 27. 
In order to associate with the work of the Commission 
representatives of the local inhabitants of, and of 
official and non-official institutions directly concerned 
with, the territories within the scope of the Commis- 
sion, there shall be established a South Pacific Con- 
ference with advisory powers as a body auxiliary 
to the Commission. 

Article X. — Sessions of the Conference. — 28. A 
session of the South Pacific Conference shall be con- 
voked within two years after this Agreement comes 
into force, and thereafter at intervals not exceeding 
three years. 

29. Each session of the Conference shall be held 
in one of the territories within the scope of the Com- 
mission at a place designated by the Commission 
with due regard to the principle of rotation. 

30. The Chairman of each session of the Confer- 



197 

ence shall be one of the Commissioners of the Govern- 
ment in whose territory the session is held. 

31. The Secretary-General shall be responsible 
for the administrative arrangements of the Confer- 
ence. 

32. The Commission shall adopt rules of proced- 
ure for the Conference and approve the agenda for 
each session of the Conference. The Secretary- 
General shall prepare the necessary documents for 
consideration by the Commission. 

33. The Conference may make recommendations 
to the Commission on procedural questions affect- 
ing its sessions. It may also recommend to the 
Commission the inclusion of specific items on the 
agenda for the Conference. 

Article XI. Composition of the Conference. — 34. 
Delegates to the Conference shall be appointed for 
each territory which is within the scope of the 
Commission and which is designated for this pur- 
pose by the Commission. The maximum number 
of delegates for each territory shall be determined 
by the Commission. In general, the representa- 
tion shall be at least two delegates for each desig- 
nated territory. 

35. Delegates shall be selected in such a manner 
as to ensure the greatest possible measure of repre- 
sentation of the local inhabitants of the territory. 

36. Delegates shall be appointed for each desig- 
nated territory in accordance with its constitutional 
procedure. 

37. The delegation for each designated territory 
may include alternate delegates and as many ad- 
visers as the appointing authority considers neces- 
sary. 

Article XII. Functions of the Conference. — 38. 
The Conference may discuss such matters of com- 
mon interest as fall within the competence of the 



198 

Commission, and may make recommendations to 
the Commission on any such matters. 

Article XIII. The Secretariat. — 39. The Com- 
mission shall establish a Secretariat to serve the 
Commission and its auxiliary and subsidiary bodies. 

40. The Commission shall, subject to such terms 
and conditions as it may prescribe, appoint a Secre- 
tary-General and a Deputy Secretary-General. They 
shall hold office for five years unless their appoint- 
ments are earlier terminated by the Commission. 
They shall be eligible for re-appointment. 

41. The Secretary-General shall be the chief ad- 
ministrative officer of the Commission and shall 
carry out all directions of the Commission. He shall 
be responsible for the functioning of the Secretariat, 
and shall be empowered, subject to such directions 
as he may receive from the Commission, to appoint 
and dismiss, as necessary, members of the staff of the 
Secretariat. 

42. In the appointment of the Secretary-General, 
the Deputy Secretary-General and the staff of the 
Secretariat, primary consideration shall be given to 
the technical qualifications and personal integrity of 
candidates. To the fullest extent consistent with 
this consideration, the staff of the Secretariat shall 
be appointed from the local inhabitants of the ter- 
ritories within the scope of the Commission and with 
a view to obtaining equitable national and local 
representation. 

43. Each participating Government undertakes so 
far as possible under its constitutional procedure to 
accord to the Secretary-General, to the Deputy 
Secretary-General, to the full time members of the 
Research Council and to appropriate members of the 
staff of the Secretariat such privileges and immunities 
as may be required for the independent discharge 
of their functions. The Commission may make 



199 

recommendations with a view to determining the 
details of the application of this paragraph or may- 
propose conventions to the participating Govern- 
ments for this purpose. 

44. In the performance of their duties, the Secre- 
tary-General, the Deputy Secretary-General, the full 
time members of the Research Council and the staff 
of the Secretariat shall not seek or receive instruc- 
tions from any Government or from any other 
authority external to the Commission. They shall 
refrain from any action which might reflect on their 
position as international officials responsible only to 
the Commission. 

45. Each participating Government undertakes 
to respect the exclusively international character of the 
responsibilities of the Secretary-General, the Deputy 
Secretary-General, the full time members of the 
Research Council, and the staff of the Secretariat, 
and not to seek to influence them in the discharge of 
their responsibilities. 

Article XIV. Finance. — 46. The Commission 
shall adopt an annual budget for the administrative 
expenses of the Commission and its auxiliary and 
subsidiary bodies, and such supplementary budgets 
as it may determine. The Secretary-General shall 
be responsible for preparing and submitting to the 
Commission for its consideration the annual ad- 
ministrative budget and such supplementary budgets 
as the Commission may require. 

47. Except for the salaries, allowances and mis- 
cellaneous expenditures of the Commissioners and 
their immediate staffs, which shall be determined 
and paid by the respective Governments appointing 
them, the expenses of the Commission and its 
auxiliary and subsidiary bodies (including the ex- 
penses of delegates to the South Pacific Conference 



200 

on a scale approved by the Commission) shall be a 
charge on the funds of the Commission. 

48. There shall be established, to meet the ex- 
penses of the Commission, a fund to which each 
participating Government undertakes, subject to the 
requirements of its constitutional procedure, to con- 
tribute promptly its proportion of the estimated ex- 
penditure of the Commission, as determined in the 
annual administrative budget and in any supple- 
mentary budgets adopted by the Commission. 

49. The expenses of the Commission and its 
auxiliary and subsidiary bodies shall be apportioned 
among the participating Governments in the follow- 
ing proportions: — 

Percent 

Australia 30 

France 12% 

The Netherlands 15 

New Zealand 15 

United Kingdom of Great Britain and Northern 

Ireland 15 

United States of America 12K 

Before the close of its second fiscal year, the Com- 
mission shall review the apportionment of expenses 
and recommend to the participating Governments 
such adjustments as it considers desirable. Adjust- 
ments may at any time be made by agreement of all 
the participating Governments. 

50. The fiscal year of the Commission shall be the 
calendar year. 

51. Subject to the directions of the Commission, 
the Secretary-General shall be responsible for the 
control of the funds of the Commission and of its 
auxiliary and subsidiary bodies and for all accounting 
and expenditure. Audited statements of accounts 
for each fiscal year shall be forwarded to each par- 
ticipating Government as soon as possible after the 
close of the fiscal year. 



201 

52. The Secretary-General, or an officer author- 
ised by the Commission to act as Secretary-General 
pending the appointment of the Secretary-General, 
shall at the earliest practicable date after the coming 
into force of this Agreement submit to the Commis- 
sion an administrative budget for the current fiscal 
year and any supplementary budgets which the Com- 
mission may require. The Commission shall there- 
upon adopt for the current fiscal year an adminis- 
trative budget and such supplementary budget as it 
may determine. 

53. Pending adoption of the first budget of the 
Commission, the administrative expenses of the Com- 
mission shall be met, on terms to be determined by 
the Commission, from an initial working fund of 
£40,000 sterling to which the participating Govern- 
ments undertake to contribute in the proportions 
provided for in paragraph 49 of this Agreement. . 

54. The Commission may in its discretion accept 
for inclusion in its first budget any expenditure in- 
curred by the Governments of Australia or New 
Zealand for the purpose of paragraph 64 of this 
Agreement. The Commission may credit any such 
expenditure against the contribution of the Govern- 
ment concerned. The aggregate of the amounts 
which may be so accepted and credited shall nor 
exceed £5,000 sterling. 

Article XV. Relationship with Other International 
Bodies. — 55. The Commission and its auxiliary and 
subsidiary bodies, while having no organic connec- 
tion with the United Nations, shall co-operate as 
fully as possible with the United Nations and with 
appropriate specialised agencies on matters of mutual 
concern within the competence of the Commission. 

56. The participating Governments undertake to 
consult with the United Nations and the appropriate 
specialised agencies at such times and in such manner 



202 

as may be considered desirable, with a view to defin- 
ing the relationship which may in future exist and to 
ensuring effective co-operation between the Com- 
mission, including its auxiliary and subsidiary bodies, 
and the appropriate organs of the United Nations 
and specialised agencies dealing with economic and 
social matters. 

57. The Commission may make recommendations 
to the participating Governments as to the manner 
in which effect can best be given to the principles 
stated in this Article. 

Article XVI. — Headquarters. — 58. The permanent 
headquarters of the Commission and its auxiliary and 
subsidiary bodies shall be located within the terri- 
torial scope of the Commission at such place as the 
Commission may select. The Commission may es- 
tablish branch offices and, except as otherwise pro- 
vided in this Agreement, may make provision for the 
carrying on of any part of its work or the work of 
its auxiliary and subsidiary bodies at such place or 
places within or without the territorial scope of the 
Commission as it considers will most effectively 
achieve the objectives for which it is established. 
The Commission shall select the site of the perma- 
nent headquarters within six months after this Agree- 
ment comes into force. Pending the establishment 
of its permanent headquarters, it shall have tem- 
porary headquarters in or near Sydney, Australia. 

Article XVII. Saving Clause. — 59. Nothing in 
this Agreement shall be construed to conflict with the 
existing or future constitutional relations between 
any participating Government and its territories or 
in any way to affect the constitutional authority and 
responsibility of the territorial administrations. 

Article XVlII. Alteration of Agreement. — 60. The 
provisions of this Agreement may be amended by 
consent of all the participating Governments. 



203 

Article XIX. Withdrawal. — 61. After the expira- 
tion of five years from the coming into force of this 
Agreement a participating Government may with- 
draw from the Agreement on giving one year's notice 
to the Commission. 

62. If any participating Government ceases to 
administer non-self-governing territories within the 
scope of the Commission, that Government shall so 
notify the Commission and shall be deemed to have 
withdrawn from the Agreement as from the close of 
the then current calendar year. 

63. Notwithstanding the withdrawal of a partici- 
pating Government this Agreement shall continue in 
force as between the other participating Govern- 
ments. 

Article XX. Interim Provisions. — 64. Prelimi- 
nary arrangements for the establishment of the Com- 
mission shall be undertaken jointly by the Govern- 
ments of Australia and New Zealand. 

Article XXI. Entry Into Force. — 65. The Gov- 
ernments of Australia, the French Republic, the 
Kingdom of the Netherlands, New Zealand, the 
United Kingdom of Great Britain and Northern 
Ireland, and the United States of America shall 
become parties to this Agreement by: 

(a) signature without reservation, or 

(b) signature ad referendum and subsequent ac- 
ceptance. Acceptance shall be effected by notifica- 
tion to the Government of Australia. The Agree- 
ment shall enter into force when all the above- 
mentioned Governments have become parties to it. 

66. The Government of Australia shall notify the 
other above-mentioned Governments of each ac- 
ceptance of this Agreement, and also of the date on 
which the Agreement comes into force. 

67. The Government of Australia shall on behalf 

777534 — 48 14 



204 

of all the participating Governments register this 
Agreement with the Secretariat of the United Nations 
in pursuance of Article 102 of the Charter of the 
United Nations. 

This Agreement, of which the English, French and 
Netherlands texts are equally authentic, shall be 
deposited in the archives of the Government of 
Australia. Duly certified copies thereof shall be 
transmitted by the Government of Australia to the 
other participating Governments. 

In witness whereof the duly authorised representa- 
tives of the respective participating Governments 
have signed this Agreement. 

Opened in Canberra for signature on the sixth day 
of February, One thousand nine hundred and forty 
seven. 

[The signatures on behalf of the participating 
Governments were ad referendum.] 



III. THE MIDDLE EAST 
THE LEAGUE OF ARAB STATES 

Note. — Beginning in 1942, active negotiations were conducted among the 
Arab States with a view to forming an Arab Union. A preliminary committee 
of the General Arab Conference met in Alexandria from 25 September to 7 
October 1944, and blocked out the lines to be followed in forming a league of 
the independent Arab States. The task of drafting a constitution was under- 
taken by the Foreign Ministers who met at Cairo 15 February to 3 March 1945. 
The pact adopted at Cairo on 22 March 1945 entered into force on 16 May 
1945. 

bibliography: Development of the Arab League. 16 Department of State 
Bulletin 693. 

(16) Pact of the League of Arab States, Cairo, 22 March 

1945 

(Translation from 16 Department of State Bulletin 967-970) 

His Excellency the President of the Syrian Republic; 1 
His Royal Highness the Amir of Trans-Jordan; 
His Majesty the King of Iraq; 
His Majesty the King of Saudi Arabia; 
His Excellency the President of the Lebanese Re- 
public; 
His Majesty the King of Egypt; 
His Majesty the King of the Yemen; 

Desirous of strengthening the close relations and 
numerous ties which link the Arab States; 

And anxious to support and stabilize these ties 
upon a basis of respect for the independence and 
sovereignty of these states, and to direct their efforts 
toward the common good of all the Arab countries, 
the improvement of their status, the security of their 
future, the realization of their aspirations and hopes; 
And responding to the wishes of Arab public 
opinion in all Arab lands; 

Have agreed to conclude a Pact to that end and 
have appointed as their representatives * * * 
who, after having exchanged their plenary powers 

1 The listing follows the order of the Arabic alphabet. 

205 



206 

which were found to be in good and due form, have 
agreed upon the following provisions : 

Article 1. — The League of Arab States is com- 
posed of the independent Arab States which have 
signed this Pact. 

Any independent Arab State has the right to 
become a member of the League. If it desires to do 
so, it shall submit a request which will be deposited 
with the Permanent Secretariat General and sub- 
mitted to the Council at the first meeting held after 
submission of the request. 

Article 2. — The League has as its purpose the 
strengthening of the relations between the member 
States; the coordination of their policies in order to 
achieve cooperation between them and to safeguard 
their independence and sovereignty; and a general 
concern with the affairs and interests of the Arab 
countries. It has also as its purpose the close co- 
operation of the member states, with due regard to 
the organization and circumstances of each state, on 
the following matters : 

A. Economic and financial affairs, including com- 
mercial relations, customs, currency, and questions 
of agriculture and industry. 

B. Communications; this includes railroads, roads, 
aviation, navigation, telegraphs, and posts. 

C. Cultural affairs. 

D. Nationality, passports, visas, execution of 
judgments, and extradition of criminals. 

E. Social affairs. 

F. Health problems. 

Article 3. — The League shall possess a Council 
composed of the representatives of the member 
states of the League; each state shall have a single 
vote, irrespective of the number of its representa- 
tives. 

It shall be the task of the Council to achieve the 



207 

realization of the objectives of the League and to 
supervise the execution of agreements which the 
member states have concluded on the questions 
enumerated in the preceding article, or on any other 
questions. 

It likewise shall be the Council's task to decide 
upon the means by which the League is to cooperate 
with the international bodies to be created in the 
future in order to guarantee security and peace and 
regulate economic and social relations. 

Article 4. — For each of the questions listed in 
Article 2 there shall be set up a special committee in 
which the member states of the League shall be 
represented. These committees shall be charged 
with the task of laying down the principles and 
extent of cooperation. Such principles shall be for- 
mulated as draft agreements, to be presented to the 
Council for examination preparatory to their sub- 
mission to the aforesaid states. 

Representatives of the other Arab countries may 
take part in the work of the aforesaid committees. 
The Council shall determine the conditions under 
which these representatives may be permitted to 
participate and the rules governing such representa- 
tion. 

Article 5. — Any resort to force in order to resolve 
disputes arising between two or more member states 
of the League is prohibited. If there should arise 
among them a difference which does not concern a 
state's independence, sovereignty, or territorial in- 
tegrity, and if the parties to the dispute have recourse 
to the Council for the settlement of this difference, 
the decision of the Council shall then be enforceable 
and obligatory. 

In such a case, the states between whom the dif- 
ference has arisen shall not participate in the delibera- 
tions and decisions of the Council. 



208 

The Council shall mediate in all differences which 
threaten to lead to war between two member states, 
or a member state and a third state, with a view to 
bringing about their reconciliation. 

Decisions of arbitration and mediation shall be 
taken by majority vote. 

Article 6. — In case of aggression or threat of 
aggression by one state against a member state, the 
state which has been attacked or threatened with 
aggression may demand the immediate convocation 
of the Council. 

The Council shall by unanimous decision deter- 
mine the measures necessary to repulse the aggres- 
sion. If the aggressor is a member state, his vote 
shall not be counted in determining unanimity. 

If, as a result of the attack, the government of 
the state attacked finds itself unable to communicate 
with the Council, that state's representative in the 
Council shall have the right to request the convoca- 
tion of the Council for the purpose indicated in the 
foregoing paragraph. In the event that this repre- 
sentative is unable to communicate with the Council, 
any member state of the League shall have the right 
to request the convocation of the Council. 

Article 7. — Unanimous decisions of the Council 
shall be binding upon all member states of the League; 
majority decisions shall be binding only upon those 
states which have accepted them. 

In either case the decisions of the Council shall be 
enforced in each member state according to its re- 
spective basic laws. 

Article 8. — Each member state shall respect the 
systems of government established in the other 
member states and regard them as exclusive con- 
cerns of those states. Each shall pledge to abstain 
from any action calculated to change established 
systems of government. 



209 

Article 9. — States ol the League which desire to 
establish closer cooperation and stronger bonds than 
are provided by this Pact may conclude agreements 
to that end. 

Treaties and agreements already concluded or to 
be concluded in the future between a member state 
and another State shall not be binding or restrictive 
upon other members. 

Article 10. — The permanent seat of the League of 
Arab States is established in Cairo. The Council 
may, however, assemble at any other place it may 
designate. 

Article 11. — The Council of the League shall 
convene in ordinary session twice a year, in March 
and in October. It shall convene in extraordinary 
session upon the request of two member states of 
the League whenever the need arises. 

Article 12. — The League shall have a permanent 
Secretariat General which shall consist of a Secretary 
General, Assistant Secretaries, and an appropriate 
number of officials. 

The Council of the League shall appoint the Secre- 
tary General by a majority of two-thirds of the states 
of the League. The Secretary General, with the 
approval of the Council shall appoint the Assistant 
Secretaries and the principal officials of the League. 

The Council of the League shall establish an ad- 
ministrative regulation for the functions of the 
Secretariat General and matters relating to the Staff. 

The Secretary General shall have the rank of Am- 
bassador and the Assistant Secretaries that of 
Ministers Plenipotentiary. 

The first Secretary General of the League is named 
in an Annex to this Pact. 1 



1 His Excellency Abd-al-Rahman Azzam Pasha was appointed Secretary 
General for a period of two years. 



210 

Article 13. — The Secretary General shall pre- 
pare the draft of the budget of the League and shall 
submit it to the Council for approval before the 
beginning of each fiscal year. 

The Council shall fix the share of the expenses to 
be borne by each state of the League. This share 
may be reconsidered if necessary. 

Article 14. — The members of the Council of the 
League as well as the members of the committees 
and the officials who are to be designated in the ad- 
ministrative regulation shall enjoy diplomatic privi- 
leges and immunity when engaged in the exercise of 
their functions. 

The buildings occupied by the organs of the League 
shall be inviolable. 

Article 15. — The first meeting of the Council 
shall be convened at the invitation of the head of 
the Egyptian Government. Thereafter it shall be 
convened at the invitation of the Secretary General. 

The representatives of the member states of the 
League shall alternately assume the presidency of the 
Council at each of its ordinary sessions. 

Article 16. — Except in cases specifically indicat- 
ed in this Pact, a majority vote of the Council shall 
be sufficient to make enforceable decisions on the 
following matters: 

A. Matters relating to personnel. 

B. Adoption of the budget of the League. 

C. Establishment of the administrative regula- 
tions for the Council, the committees, and the 
Secretariat General. 

D. Decisions to adjourn the sessions. 

Article 17. — Each member state of the League 
shall deposit with the Secretariat General one copy 
of every treaty or agreement concluded or to be 
concluded in the future between itself and another 
member state of the League or a third state. 



211 

Article 18. — If a member state contemplates 
withdrawal from the League, it shall inform the 
Council of its intention one year before such with- 
drawal is to go into effect. 

The Council of the League may consider any state 
which fails to fulfill its obligations under this Pact 
as having become separated from the League, this 
to go into effect upon a unanimous decision of the 
states, not counting the state concerned. 

Article 19. — This Pact may be amended with the 
consent of two-thirds of the states belonging to the 
League, especially in order to make firmer and 
stronger the ties between the member states, to 
create an Arab Tribunal of Arbitration, and to 
regulate the relations of the League with any inter- 
national bodies to be created in the future to guaran- 
tee security and peace. 

Final action on an amendment cannot be taken 
prior to the session following the session in which the 
motion was initiated. 

If a state does not accept such an amendment it 
may withdraw at such time as the amendment goes 
into effect, without being bound by the provisions of 
the preceding article. 

Article 20. — This Pact and its Annexes shall be 
ratified according to the basic laws in force among 
the High Contracting Parties. 

The instruments of ratification shall be deposited 
with the Secretariat General of the Council and the 
Pact shall become operative as regards each ratifying 
state fifteen days after the Secretary General has 
received the instruments of ratification from four 
states. 

This Pact has been drawn up in Cairo in the 
Arabic language on this 8th day of Rabi' II, thirteen 
hundred and sixty-four (March 22, 1945), in one 



212 

copy which shall be deposited in the safe keeping 
of the Secretariat General. 

An identical copy shall be delivered to each state 
of the League. 

[Here follow the signatures.] 

(1) Annex Regarding Palestine [not reproduced 
here]. 

(2) Annex Regarding Cooperation With Countries 
Which Are Not Members of the Council of the 
League [not reproduced here]. 



IV. THE WESTERN HEMISPHERE 
THE CARIBBEAN COMMISSION 

Note. — An Anglo-American Caribbean Commission was established on 
an informal basis on 9 March 1942, with a view to improving the economic 
and social development of the region. In 1945, it was enlarged to include 
members designated by France and the Netherlands, and its name was changed 
to Caribbean Commission. The secretariat of the Commission has its head- 
quarters at Port-of-Spain, Trinidad. The Agreement of 30 October 1946, 
designed to place the Commission on a more formal basis, had not formally 
entered into force on 1 November 1947, but the Commission operates within 
its framework. 

(17) Agreement for the Establishment of the Caribbean 
Commission, Washington, 30 October 1946 * 

(British Parliamentary Papers Cmd. 6972) 

The Governments of the French Republic, the 
Kingdom of the Netherlands, the United Kingdom of 
Great Britain and Northern Ireland, and the United 
States of America, whose duly authorised representa- 
tives have subscribed hereto, 

Being desirous of encouraging and strengthening 
co-operation among themselves and their territories 
with a view toward improving the economic and 
social well-being of the peoples of those territories, 
and 

Being desirous of promoting scientific, technologi- 
cal, and economic development in the Caribbean 
area and facilitating the use of resources and con- 
certed treatment of mutual problems, avoiding 
duplication in the work of existing research agencies, 
surveying needs, ascertaining what research has 
been done, facilitating research on a co-operative 
basis, and recommending further research, and 

Having decided to associate themselves in the work 
heretofore undertaken by the Anglo-American Carib- 
bean Commission, and 

♦The Agreement was approved by the United States on 5 March 1948. 

213 



214 

Having agreed that the objectives herein set forth 
are in accord with the principles of the Charter of 
the United Nations, 

Hereby agree as follows: 

Article I. Establishment of the Caribbean Com- 
mission and Auxiliary Bodies. — There are hereby 
established the Caribbean Commission (hereafter 
referred to as "the Commission") and, as auxiliary 
bodies of the Commission, the Caribbean Research 
Council and the West Indian Conference (herein- 
after referred to as "the Research Council" and "the 
Conference" respectively). 

Article II. Composition of the Commission. — 1. 
The Commission shall consist of not more than sixteen 
Commissioners appointed by the Governments signa- 
tory hereto (hereinafter referred to as the "Member 
Governments"). Each Member Government may 
appoint four Commissioners and such alternates as it 
may deem necessary. Each such group of Commis- 
sioners shall form a national section of the Commis- 
sion. 

2. Each Member Government shall designate one 
of its Commissioners to be the Chairman of its 
national section. Each such Chairman, or in his 
absence, the Commissioner designated by him from 
his national section as his alternate, shall be a Co- 
Chairman of the Commission and shall preside over 
meetings of the Commission in rotation according to 
English alphabetical order of the Member Govern- 
ments, irrespective of where a meeting of the Commis- 
sion may be held. 

Article III. Powers of the Commission. — The 
Commission shall be a consultative and advisory 
body and shall have such legal capacity as may be 
necessary for the exercise of its functions and the 
fulfilment of its purposes. 



215 

Article IV. Functions of the Commission. — The 
functions of the Commission shall be as follows: — 

(1) To concern itself with economic and social 

matters of common interest to the Carib- 
bean area, particularly agriculture, commu- 
nications, education, fisheries, health, hous- 
ing, industry, labour, social welfare and 
trade. 

(2) To study, formulate and recommend on its 

own initiative, or as may be proposed by 
any of the Member or territorial Govern- 
ments, by the Research Council or the 
Conference, measures, programmes and pol- 
icies with respect to social and economic 
problems designed to contribute to the well- 
being of the Caribbean area. It shall ad- 
vise the Member and territorial Govern- 
ments on all such matters, and make recom- 
mendations for the carrying into effect of all 
action necessary or desirable in this con- 
nection. 

(3) To assist in co-ordinating local projects which 

have regional significance and to provide 
technical guidance from a wide field not 
otherwise available. 
(4)]JTo direct and review the activities of the 
Research Council and to formulate its rules 
of procedure. 
♦ (5) /To provide for the convening of the sessions 
of the Conference, to formulate its rules 
of procedure, and to report to the Member 
Governments on Conference resolutions and 
recommendations. 
Article V. Meetings of the Commission. — 1. The 
Commission shall hold not less than two Commission 
meetings each year. It is empowered to convene 



216 

and hold meetings at any time and at any place it 
may decide. 

2. At all such meetings the four Co-Chairmen, or 
their designated alternates, shall constitute a quorum. 

Article VI. Method of Arriving at Decisions. — 
The Commission shall be empowered to determine 
the method of arriving at its decisions, providing 
that decisions other than those relating to procedure 
shall not be taken without the concurrence of the 
respective Co-Chairmen or their designated alternates. 

Article VII. The Research Council. — The Re- 
search Council, together with such Research Com- 
mittees as the Commission may establish, shall serve 
as an auxiliary body of the Commission with respect 
to scientific, technological, social and economic 
research for the benefit of the peoples of the Carib- 
bean area. 

Article VIII. Composition of the Research Coun- 
cil. — 1. The Research Council shall consist of not less 
than seven and not more than fifteen members who 
shall be appointed by the Commission having special 
regard to their scientific competence. At least one 
member of each Research Committee shall be a 
member of the Research Council. 

2. The Research Council shall elect a Chairman 
from among its members. A Deputy Chairman of 
the Research Council shall be appointed by the 
Commission and shall serve on the Central Secretariat. 

3. The present composition of the Research Coun- 
cil and of its Research Committees shall be deemed 
to be effective from the 1st day of January, 1946. 

Article IX. Functions of the Research Council. — 
The function of the Research Council shall be — 

{a) To recommend to the Commission the number 
and functions of the technical Research Committees 
necessary to provide specialised scientific considera- 
tion of Caribbean research problems. 



217 

(b) In the interest of the Caribbean area to ascer- 
tain what research has been done, to survey needs, 
to advise concerning desirable research projects, to 
arrange and facilitate co-operative research, to 
undertake research assignments of a special nature 
which no other agency is able and willing to carry out, 
and to collect and disseminate information concern- 
ing research. 

(c) To recommend to the Commission the holding 
of Research Council and Committee meetings and 
also of meetings of scientific, specialist and extension 
workers, and to facilitate an interchange of ex- 
perience among the research workers of the Caribbean. 

Article X. The Conference. — The Conference shall 
be an auxiliary body of the Commission. The 
continuity of its existence shall be ensured by means 
of regular sessions. 

Article XI. Composition of the Conference. — 
1. Each territorial Government shall be entitled to 
send to each session of the Conference not more than 
two delegates and as many advisers as it may con- 
sider necessary. 

2. Delegates to the Conference shall be appointed 
for each territory in accordance with its constitu- 
tional procedure. The duration of their appoint- 
ments shall be determined by the appointing 
Governments. 

Article XII. Functions of the Conference. — The 
sessions of the Conference shall provide a regular 
means of consultation with and between the dele- 
gates from the territories on matters of common 
interest within the terms of reference of the Commis- 
sion as described in Article IV hereof, and shall 
afford the opportunity to present to the Commission 
recommendations on such matters. 

Article XIII. Meetings of the Conference. — L 
The Commission shall convene the Conference at 



218 

least biennially, on such date as the Commission 
shall decide. The location of each session of the 
Conference, which shall be in one of the territories, 
shall be selected in rotation according to English 
alphabetical order of the Member Governments. 

2. The Chairman of each session of the Conference 
shall be the Chairman of the national section of the 
Commission in whose territory the session is held. 

Article XIV. Central Secretariat. — 1. The Com- 
mission shall establish, at a place within the Carib- 
bean area to be agreed upon by the Member Govern- 
ments, a Central Secretariat to serve the Commission 
and its auxiliary bodies. 

2. A Secretary-General and a Deputy Secretary- 
General shall be appointed by the Commission under 
such terms and conditions as it shall prescribe. 
On the occurrence of a vacancy in the office of 
Secretary-General the position shall not be filled, 
except for special reasons approved by the Commis- 
sion, by a candidate of the same nationality as the 
outgoing Secretary-General, regard being had to the 
desirability of continuity in the administration 
of the Commission's business. It shall, however, 
be open to the Commission at its discretion to reap- 
point any Secretary-General for a further term. 
The Secretary-General shall be the chief administra- 
tive officer of the Commission and shall carry out 
all directives of the Commission. 

3. The Secretary-General shall be responsible for 
the proper functioning of the Central Secretariat 
and shall be empowered, subject to such directions 
as he may receive from the Commission, to appoint 
and dismiss such staff as may be deemed necessary 
to ensure efficient conduct of Commission business, 
provided that the appointment .and dismissal of the 
Assistants to the Secretary-General shall be subject 
to approval by the Commission. 



219 

4. In the appointment of the Secretary-General, 
officers and staff of the Central Secretariat, primary 
consideration shall be given to the technical quali- 
fications and personal integrity of candidates and, 
to the extent possible consistent with this consider- 
ation, such officers and staff shall be recruited within 
the Caribbean area and with a view to obtaining a 
balanced national representation. 

5. In the performance of their duties, the Secre- 
tary-General and the staff shall not seek, receive or 
observe instructions from any Government or from 
any other authority external to the Commission. 
They shall refrain from any action which might 
reflect on their position as international officials 
responsible only to the Commission. 

6. Each Member Government undertakes to re- 
spect the exclusively international character of the 
responsibilities of the Secretary-General and the staff 
and not to seek to influence them in the discharge 
of their responsibilities. 

7. Each Member Government undertakes so far 
as possible under its constitutional procedure to 
accord to the Secretary-General and appropriate 
personnel of the Central Secretariat such privileges 
and immunities as are necessary for the independent 
exercise of their functions, including inviolability of 
premises and archives of the Central Secretariat. 
The Commission shall make recommendations with 
a view to determining the details of the application 
of this paragraph, or may propose conventions to 
the Member Governments for this purpose. 

Article XV. Finances. — 1. The salaries, allow- 
ances and miscellaneous expenditures of the Com- 
missioners and their staffs, and of delegates and 
advisers to conferences, shall be determined and 

777534—48 15 



220 

paid by the respective Governments appointing 
them. 

2. The Secretary-General shall prepare and submit 
to the Commission an annual budget and such 
supplementary budgets as may be required covering 
all other expenditures of the Commission, including 
those of the Research Council, the Conference, the 
Central Secretariat, special research projects, con- 
ferences, surveys and other similar activities under 
Commission auspices. Upon approval of the budget 
by the Commission, the total amount thereof shall 
be allocated among the Member Governments in pro- 
portions to be determined by agreement. A joint 
fund shall be established by the Member Govern- 
ments for the use of the Commission in meeting the 
expenditures estimated in the said annual or sup- 
plementary budgets. Each Member Government 
shall undertake, subject to the requirements of its 
constitutional procedure, to contribute promptly to 
this fund such annual and supplementary sums as 
may be charged to each as agreed. 

3. The fiscal year of the Commission shall be the 
calendar year. The first budget of the Commission 
shall cover the period from the date of the entry 
into force of this Agreement to and including the 
31st day of December 1946. 

4. The Secretary-General shall hold and administer 
the joint fund of the Commission and shall keep 
proper accounts thereof. The Commission shall 
make arrangements satisfactory to the Member 
Governments for the audit of its accounts. The 
audited statements shall be forwarded annually to 
each Member Government. 

Article XVI. Authority to Appoint Committees 
and Make Regulations. — The Commission is hereby 
empowered to appoint committees, and subject to 
the provisions of this Agreement, to promulgate 



221 

rules of procedure and regulations governing the oper- 
ations of the Commission, its auxiliary bodies, the 
Central Secretariat, and such committees as it shall 
establish, and generally for the purpose of carrying 
into effect the terms of this Agreement. 

Article XVII. Relationship with Non-Member 
Governments in the Area. — The Commission and Re- 
search Council in their research projects and in the 
formulation of recommendations shall bear in mind 
the desirability of co-operation in social and economic 
matters with other Governments of the Caribbean 
area, not members of the Commission. The issuance 
of invitations to such Governments to participate in 
conferences or other meetings sponsored by the Com- 
mission shall be subject to approval by the Member 
Governments. 

Article XVIII. Relationship with United Nations 
and Specialised Agencies. — 1. The Commission and 
its auxiliary bodies, while having no present connec- 
tion with the United Nations, shall co-operate as fully 
as possible with the United Nations and with appro- 
priate specialised agencies on matters of mutual con- 
cern within the terms of reference of the Commission. 

2. The Member Governments undertake to con- 
sult with the United Nations and the appropriate 
specialised agencies, at such times and in such manner 
as may be considered desirable, with a view to defin- 
ing the relationship which shall exist and to ensuring 
effective co-operation between the Commission and 
its auxiliary bodies and the appropriate organs of the 
United Nations and specialised agencies, dealing with 
economic and social matters. 

Article XIX. Saving Clause. — Nothing in this 
Agreement shall be construed to conflict with the 
existing or future constitutional relations between 
any Member Government and its territories or in 



222 

any way to affect the constitutional authority and 
responsibility of the territorial Governments. 

Article XX. Definitions. — In this Agreement the 
expressions "territories" or "territorial Govern- 
ments" shall be deemed to relate to the territories, 
possessions, colonies, or groups of colonies of the 
Member Governments in the Caribbean area or to 
the administrations or Governments thereof. 

Article XXI. Entry into Force. — 1. This Agree- 
ment shall enter into force when notices of approval 
thereof shall have been deposited by all four signatory 
Governments with the Government of the United 
States of America which shall notify the other signa- 
tory Governments of each such deposit and of the 
date of entry into force of the Agreement. 

2. This Agreement shall have indefinite duration, 
provided that after an initial period of five years any 
Member Government may give notice at any time 
of withdrawal from the Commission. Such notice 
shall take effect one year after the date of its formal 
communication to the other Member Governments, 
but this Agreement shall continue in force with re- 
spect to the other Member Governments. 

In witness whereof the duly authorized representa- 
tives of the respective Member Governments have 
signed this Agreement on the dates appearing oppo- 
site their signatures. 

Opened for signature in Washington, on 30th 
October, 1946, and done in quadruplicate, in the 
English, French and Netherlands languages, each of 
which shall be equally authentic. 

[Here follow the signatures of the representatives 
of the French Republic, the Kingdom of the Nether- 
lands, the United Kingdom and the United States of 
America, the latter reserving the right to await 
Congressional consideration before giving notice of 
approval.] 



NAVAL MISSIONS OF THE UNITED STATES 

Note. — The United States maintains naval missions in three countries of 
South America, under agreements concluded with Brazil in 1942 and extended 
in 1946 (Treaties and Other International Acts Series 1559); with Chile in 
1945 (Executive Agreement Series 468); and with Colombia in 1946. The text 
of the last-named agreement is reproduced as somewhat typical. Agreements 
for military missions were concluded by the United States with Costa Riea 
in 1945, with Guatemala in 1945, with Honduras in 1945, and with Venezuela in 
1946; and for military aviation missions with Guatemala in 1945, with Peru 
in 1946, and with El Salvador in 1947. 

(18) Agreement Between the Governments of the United 
States and Colombia, Washington, 14 October 1946 

(Treaties and Other International Acts Series 1563) 

In conformity with the request made by the Am- 
bassador of the Republic of Colombia in Washington 
to the Secretary of State, the President of the United 
States of America, by virtue of the authority con- 
ferred by the Act of Congress of May 19, 1926, en- 
titled "An Act To authorize the President to detail 
officers and enlisted men of the United States Army, 
Navy, and Marine Corps to assist the governments of 
the Latin-American Republics in military and naval 
matters," [*] as amended by the Act of May 14, 1935, 
[ 2 ] to include the Philippine Islands, has authorized 
the appointment of officers and enlisted men to con- 
stitute a Naval Mission to the Republic of Colombia 
under the conditions specified below: 

Title I. Purpose and Duration 

Article 1. — The purpose of this Naval Mission 
is to cooperate in an advisory capacity with the Di- 
rector General and the officers of the Colombian 
Navy, wherever desired in the Republic of Colombia 
by the Ministry of War, with a view to enhancing 
the efficiency of the Colombian Navy. 

Article 2. — This Mission shall continue for a 

i [44 Stat. 565.] 
a [49 Stat. 218.J 

223 



224 

period of four years from the date of the signing of 
this agreement by the accredited representatives of 
the Government of the United States of America and 
the Government of the Republic of Colombia unless 
sooner terminated or extended as hereinafter pro- 
vided. Any member of the Mission may be recalled 
by the Government of the United States of America 
after the expiration of two years' service, in which 
case another member will be furnished in replace- 
ment, after mutual agreement between the two 
Governments. 

Article 3. — If the Government of the Republic of 
Colombia should desire that the services of the Mis- 
sion be extended in whole or in part beyond the period 
stipulated, it shall make a written proposal to that 
effect six months before the expiration of this agree- 
ment. 

Article 4. — The present agreement may be ter- 
minated prior to the expiration of the period of four 
years prescribed in Article 2, or prior to the expira- 
tion of the extension authorized in Article 3, in the 
following manner: 

(a) By either Government, subject to three months' 
notice in writing to the other Government; 

(b) By the recall of the entire personnel of the 
Mission by the Government of the United States of 
America in the public interest of the United States 
of America; 

(c) In case of war between the Republic of Colom- 
bia and any other nation, or in the case of civil war 
in the Republic of Colombia; 

(d) In case of war between the United States of 
America and any other country. 

Title II. Composition and Personnel 

Article 5. — This Mission will consist of a Chief 
of Mission of the rank of Captain or Commander 



225 

on active service in the United States Navy and 
such other United States naval personnel as may 
subsequently be requested by the Ministry of War 
of Colombia through its authorized representative 
in Washington and agreed upon by the United States 
Navy Department. 

Title III. Duties, Rank, and Precedence 

Article 6. — The duties of the Mission shall con- 
sist of such professional services, advice, and direc- 
tion as may be agreed upon between the Minister of 
War of the Republic of Colombia and the Chief of 
the Naval Mission. 

Article 7. — The performance of duty of all Mis- 
sion personnel shall be under the direction of the 
Chief of Mission who will be responsible to the 
Minister of War and the Director General of the 
Navy. 

Article 8. — Each member of the Mission shall 
retain the rank he holds in the United States Navy 
and shall wear the uniform of his rank in the United 
States Navy. 

Article 9. — Each member of the Mission shall 
be entitled to all the benefits and prerogatives which 
the Colombian Navy regulations provide for Colom- 
bian Naval officers and enlisted men of correspond- 
ing rank. 

Article 10. — The personnel of the Mission shall 
be governed by the disciplinary regulations of the 
United States Navy. 

Title IV. Compensation and Perquisites 

Article 11. — Each member of the Mission shall 
receive from the Government of the Republic of 
Colombia the net annual compensation computed in 
currency of the United States of America that may 



226 

be agreed upon between the United States of America 
and the Republic of Colombia. Personnel of the 
Mission shall be classified in four categories, to wit: 

(a) Chief of Mission 

(J?) Assistant Chief of Mission 

(c) Other Commissioned Officers 

(d) Chief Warrant, Warrant, and Petty Officers. 
This compensation shall be paid in twelve equal 

monthly payments, each due and to be paid on the 
last day of the month. These payments, when 
effected within the Republic of Colombia, may be 
made in Colombian currency computed at the current 
official rate of exchange for dollars. Payments which 
are effected outside the Republic of Colombia shall 
be made in currency of the United States of America. 
The said compensation shall not be subject to any 
Colombian tax, or to a tax by any political sub- 
division of the Republic of Colombia, that is now 
or shall hereafter be imposed. Should there, how- 
ever, at present or while this agreement is in effect, 
be any taxes that might affect the said compensation, 
such taxes shall be paid by the Ministry of War of 
Colombia in order to comply with the foregoing 
provisions that the stipulated compensation shall be 
net. 

Article 12. — The compensation agreed upon as 
indicated in the preceding Article shall commence 
upon the date of departure from the United States 
of America of each member of the Mission, and, ex- 
cept as otherwise expressly provided in the present 
agreement, shall continue, following the termination 
of duty with the Mission, for the return voyage to a 
customary port of entry into the United States of 
America, and thereafter for the period of any ac- 
cumulated leave which may be due. 

Article 13. — The compensation due for the period 
of the return voyage and accumulated leave shall be 



227 

paid to a detached member of the Mission prior to 
his departure from the Republic of Colombia, and 
such payment shall be computed for travel via the 
shortest usually traveled route regardless of the 
route and method of travel used by the said detached 
member. 

Article 14. — Each member of the Mission and his 
family shall be furnished by the Government of the 
Republic of Colombia with first-class accommoda- 
tions for travel, via the shortest usually traveled 
route, required and performed under this agreement, 
between the port of embarkation in the United States 
of America and his official residence in the Republic 
of Colombia, both for the outward and the return 
voyage. All expenses of shipment and transportation 
of household effects, baggage, and automobile of each 
member of the Mission between the port of embarka- 
tion in the United States of America and his official 
residence in the Republic of Colombia shall be paid 
in the same manner by the Government of the Re- 
public of Colombia. Transportation of such house- 
hold effects, baggage, and automobile shall be effected 
in one shipment, and all subsequent shipments shall 
be at the expense of the respective members of the 
Mission except as otherwise provided in this Agree- 
ment, or when such shipments are necessitated by 
circumstances beyond their control. Payment of ex- 
penses for the transportation of families, household 
effects, and automobiles, and of the extra compensa- 
tion prescribed in Article 15, below, in the case of 
personnel who may join the Mission for temporary 
duty at the request of the Minister of War of the 
Republic of Colombia, shall not be required under 
this agreement, but shall be determined by negotia- 
tions between the United States Navy Department 
and the authorized representative of the Ministry of 
War of the Republic of Colombia in Washington at 



228 

such time as the detail of personnel for such tem- 
porary duty may be agreed upon. 

Article 15. — An additional allowance of one 
month's compensation, but of not less than two 
hundred United States dollars (3200.00), shall be 
provided by the Government of the Republic of 
Colombia to each member of the Mission to cover 
extra expenses involved in change of residence from 
the United States of America to the Republic of 
Colombia. An equal additional allowance shall be 
paid to each member for expenses incident to change 
of residence from the Republic of Colombia to the 
United States of America upon completion of duty 
with the Mission. 

Article 16. — The Government of the Republic of 
Colombia shall grant, upon request of the Chief of 
the Mission, free entry for articles for the personal 
use of the members of the Mission and their families 
and exemption from tax on motor fuel used in official 
Mission cars. 

Article 17. — If the services of any member of the 
Mission should be terminated prior to the completion 
of two years' service by action of the Government 
of the United States of America, except in accordance 
with the provisions of Article 4 (c), the provisions of 
Articles 14 and 15 shall not apply to the return 
voyage. If the services of any member of the Mission 
should terminate or be terminated prior to the com- 
pletion of two years' service for any other reason, 
including those set forth in Article 4 (c), he shall 
receive from the Government of the Republic of 
Colombia all the compensations, emoluments, and 
perquisites which would be due if he had completed 
two years' service, but the annual salary shall ter- 
minate as provided by Article 12. But should the 
Government of the United States of America detach 



229 

any member for breach of discipline, no cost of the 
return to the United States of America of such mem- 
ber, his family, household effects, baggage or automo- 
bile shall be borne by the Republic of Colombia nor 
shall the additional allowance provided in Article IS 
be paid to him. 

Article 18. — Compensation for transportation and 
traveling expenses in the Republic of Colombia, on 
Colombian official business, shall be provided by the 
Government of the Republic of Colombia in ac- 
cordance with Article 9, except for travel performed 
incident to the provisions of Article 14, which shall 
be compensated as provided in that Article. 

Article 19. — If any member of the Mission, or 
any of his family, should die in the Republic of 
Colombia, the Government of the Republic of Colom- 
bia shall have the body transported to such place in 
the United States of America as the surviving mem- 
bers of the family may decide, but the cost to the 
Government of the Republic of Colombia shall not 
exceed the cost of transporting the remains from the 
place of decease to the port of entry in the United 
States of America. Should the deceased be a mem- 
ber of the Mission, his services with the Mission shall 
be considered to have terminated fifteen (IS) days 
after his death, and compensations as specified in 
Title IV of this agreement shall be paid to the widow 
of the deceased or to any other person who may have 
been designated in writing by the deceased while 
serving under the terms of this agreement; provided 
that such widow or other person shall not be com- 
pensated for the accrued leave of the deceased; and 
provided further that all compensations due under 
the provisions of this Article shall be paid within 
fifteen (IS) days of the decease of the said member. 



230 

Title V. Administrative Provisions 

Article 20. — The offices of the Mission shall be 
located at such place or places as the Minister of 
War and/or the Director General of the Navy may 
direct. Adequate office furniture, equipment, sup- 
plies, and official stationery shall be provided by the 
Government of the Republic of Colombia. 

Article 21. — The Government of the United 
States of America shall provide the Mission with req- 
uisite motor transportation and maintenance thereof, 
for local use. The Government of the Republic of 
Colombia shall provide the services of two chauffeurs, 
one for the Chief of Mission and one for utility service 
of the Mission as a whole. 

Title VI. Requisites and Conditions 

Article 22. — So long as this agreement, or any 
extension thereof, is in effect, the Government of 
the Republic of Colombia shall not engage the services 
of any personnel of any other foreign government, 
except teachers, for military duties connected with 
the Colombian Navy, except by mutual agreement 
between the Government of the United States of 
America and the Government of the Republic of 
Colombia. 

Article 23. — Each member of the Mission shall 
agree not to divulge or by any means disclose to any 
foreign government or to any person whatsoever any 
secret or confidential matter of which he may become 
cognizant in any way. This requirement shall con- 
tinue to be binding after termination of duty with 
the Mission and after the expiration or cancellation 
of this agreement or any extension thereof. 

Article 24. — Throughout this agreement the term 
"family" shall be construed as meaning wife and 
dependent children. 



231 

Article 25. — Each member of the Mission shall 
be entitled to one month's annual leave with pay, 
or to a proportional part thereof with pay for any 
fractional part of a year. Unused portions of said 
leave shall be cumulative from year to year during 
service as a member of the Mission. 

Article 26. — The leave cited in the preceding 
Article may be spent in foreign countries. All travel 
time, including sea travel, shall count as leave and 
shall not be in addition to that authorized in the 
preceding Article. 

Article 27. — The Government of the Republic of 
Colombia agrees to grant the leave specified in 
Article 25 upon receipt of written application, ap- 
proved by the Chief of the Mission. 

Article 28. — In case a member of the Mission 
becomes ill or suffers injury, he shall, at the discre- 
tion of the Chief of the Mission, be placed by the 
Government of the Republic of Colombia in such 
hospital as the Chief of the Mission deems suitable 
after consultation with the Colombian authorities, 
and all expenses incurred as the result of such illness 
or injury while the patient is a member of the Mis- 
sion and remains in the Republic of Colombia shall 
be paid by the Government of the Republic of 
Colombia. 

Article 29. — Any member unable to perform his 
duties with the Mission by reason of long-continued 
physical disability shall be replaced. 

In witness whereof, the undersigned, duly 
authorized thereto, have signed this agreement in 
duplicate, in the English and Spanish languages, at 
Washington, this 14th day of October 1946. 

For the United States of America: Dean Acheson. 

For the Republic of Colombia: C. S. de Santa- 
maria. 



RECIPROCAL ASSISTANCE AMONG AMERICAN STATES 

Note. — The Inter-American Conference on Problems of War and Peace, 
held at Mexico City, 21 February-8 March 1945, adopted as part of its Final 
Act a resolution (No. 8) on reciprocal assistance and American solidarity, known 
as the "Act of Chapultepec." Treaties and Other International Acts Series 
1543; Naval War College, International Law Documents 1944-45, p. 110. The 
resolution included a recommendation: "That for the purpose of meeting 
threats or acts of aggression against any American Republic following the 
establishment of peace, the Governments of the American Republics should 
consider the conclusion, in accordance with their constitutional processes, of a 
treaty establishing procedures whereby such threats or acts may be met by 
the use, by all or some of the signatories of said treaty, of any one or more of the 
following measures: recall of chiefs of diplomatic missions; breaking of diplo- 
matic relations; breaking of consular relations; breaking of postal, telegraphic, 
telephonic, radio-telephonic relations; interruption of economic, commercial 
and financial relations; use of armed force to prevent or repel aggression." This 
recommendation was the chief item on the agenda of the Inter-American Con- 
ference for Maintenance of Continental Peace and Security, which met at 
Petropolis, 15 August-2 September 1947, and which drew up the treaty which 
follows. 

(19) Inter-American Treaty of Reciprocal Assistance, 
Rio de Janeiro, 2 September 1947 * 

(17 Department of State Bulletin 565) 

In the name of their Peoples, the Governments 
represented at the Inter-American Conference for 
the Maintenance of Continental Peace and Security, 1 
desirous of consolidating and strengthening their 
relations of friendship and good neighborliness, and 

Considering: 

That Resolution VIII of the Inter-American Con- 
ference on Problems of War and Peace, which met 
in Mexico City, recommended the conclusion of a 
treaty to prevent and repel threats and acts of 
aggression against any of the countries of America; 

That the High Contracting Parties reiterate their 
will to remain united in an inter-American system 
consistent with the purposes and principles of the 

* The ratification of the United States was deposited on 30 December 1947; 
but the Treaty was not in force on 1 April 1948. 

1 The Governments of all American Republics except Nicaragua. 

232 



233 

United Nations, and reaffirm the existence of the 
agreement which they have concluded concerning 
those matters relating to the maintenance of inter- 
national peace and security which are appropriate 
for regional action; 

That the High Contracting Parties reaffirm their 
adherence to the principles of inter-American soli- 
darity and cooperation, and especially to those set 
forth in the preamble and declarations of the Act 
of Chapultepec, all of which should be understood 
to be accepted as standards of their mutual relations 
and as the juridical basis of the Inter-American 
System; 

That the American States propose, in order to 
improve the procedures for the pacific settlement of 
their controversies, to conclude the treaty concern- 
ing the "Inter-American Peace System" envisaged 
in Resolutions IX and XXXIX of the Inter-American 
Conference on Problems of War and Peace; 

That the obligation of mutual assistance and 
common defense of the American Republics is essen- 
tially related to their democratic ideals and to their 
will to cooperate permanently in the fulfillment of 
the principles and purposes of a policy of peace; 

That the American regional community affirms 
as a manifest truth that juridical organization is a 
necessary prerequisite of security and peace, and 
that peace is founded on justice and moral order 
and, consequently, on the international recognition 
and protection of human rights and freedoms, on 
the indispensable well-being of the people, and on 
the effectiveness of democracy for the international 
realization of justice and security, 

Have resolved, in conformity with the objectives 
stated above, to conclude the following Treaty, in 
order to assure peace, through adequate means, to 
provide for effective reciprocal assistance to meet 



234 

armed attacks against any American State, and in 
order to deal with threats of aggression against any 
of them : 

Article 1 . — The High Contracting Parties formally 
condemn war and undertake in their international 
relations not to resort to the threat or the use of 
force in any manner inconsistent with the provisions 
of the Charter of the United Nations or of this 
Treaty. 

Article 2. — As a consequence of the principle set 
forth in the preceding Article, the High Contracting 
Parties undertake to submit every controversy which 
may arise between them to methods of peaceful 
settlement and to endeavor to settle any such con- 
troversy among themselves by means of the proce- 
dures in force in the Inter-American System before 
referring it to the General Assembly or the Security 
Council of the United Nations. 

Article 3. — 1. The High Contracting Parties 
agree that an armed attack by any State against an 
Anerican State shall be considered as an attack 
against all the American States and, consequently, 
each one of the said Contracting Parties undertakes 
to assist in meeting the attack in the exercise of the 
inherent right of individual or collective self-defense 
recognized by Article 51 of the Charter of the United 
Nations. 

2. On the request of the State or States directly 
attacked and until the decision of the Organ of Con- 
sultation of the Inter-American System, each one of 
the Contracting Parties may determine the imme- 
diate measures which it may individually take in 
fulfillment of the obligation contained in the preced- 
ing paragraph and in accordance with the principle 
of continental solidarity. The Organ of Consulta- 
tion shall meet without delay for the purpose of ex- 
amining those measures and agreeing upon the 



235 

measures of a collective character that should be 
taken. 

3. The provisions of this Article shall be applied 
in case of any armed attack which takes place 
within the region described in Article 4 or within 
the territory of an American State. When the at- 
tack takes place outside of the said areas, the provi- 
sions of Article 6 shall be applied. 

4. Measures of self-defense provided for under 
this Article may be taken until the Security Council 
of the United Nations has taken the measures neces- 
sary to maintain international peace and security. 

Article 4. — The region to which this Treaty re- 
fers is bounded as follows: beginning at the North 
Pole; thence due south to a point 74 degrees north 
latitude, 10 degrees west longitude; thence by a 
rhumb line to a point 47 degrees 30 minutes north 
latitude, 50 degrees west longitude; thence by a 
rhumb line to a point 35 degrees north latitude, 60 
degrees west longitude; thence due south to a point 
in 20 degrees north latitude; thence by a rhumb line 
to a point 5 degrees north latitude, 24 degrees west 
longitude; thence due south to the South Pole; 
thence due north to a point 30 degrees south latitude, 
90 degrees west longitude; thence by a rhumb line 
to a point on the Equator at 97 degrees west longi- 
tude; thence by a rhumb line to a point 15 degrees 
north latitude, 120 degrees west longitude; thence 
by a rhumb line to a point 50 degrees north latitude, 
170 degrees east longitude; thence due north to a 
point in 54 degrees north latitude; thence by a 
rhumb line to a point 65 degrees 30 minutes north 
latitude, 168 degrees 58 minutes 5 seconds west long- 
itude; thence due north to the North Pole. 

Article 5. — The High Contracting Parties shall 
immediately send to the Security Council of the 

777534 — 18 16 



236 

United Nations, in conformity with Articles 51 and 
54 of the Charter of the United Nations, complete 
information concerning the activities undertaken or 
in contemplation in the exercise of the right of self- 
defense or for the purpose of maintaining inter- 
American peace and security. 

Article 6. — If the inviolability or the integrity 
of the territory or the sovereignty or political inde- 
pendence of any American State should be affected 
by an aggression which is not an armed attack or by 
an extra-continental or intra-continental conflict, or 
by any other fact or situation that might endanger 
the peace of America, the Organ of Consultation 
shall meet immediately in order to agree on the 
measures which must be taken in case of aggression 
to assist the victim of the aggression or, in any case, 
the measures which should be taken for the common 
defense and for the maintenance of the peace and 
security of the Continent. 

Article 7. — In the case of a conflict between two 
or more American States, without prejudice to the 
right of self-defense in conformity with Article 51 of 
the Charter of the United Nations, the High Con- 
tracting Parties, meeting in consultation shall call 
upon the contending States to suspend hostilities 
and restore matters to the status quo ante helium, and 
shall take in addition all other necessary measures 
to reestablish or maintain inter-American peace and 
security and for the solution of the conflict by peace- 
ful means. The rejection of the pacifying action will 
be considered in the determination of the aggressor 
and in the application of the measures which the con- 
sultative meeting may agree upon. 

Article 8. — For the purposes of this Treaty, the 
measures on which the Organ of Consultation may 
agree will comprise one or more of the following: 
recall of chiefs of diplomatic missions; breaking of 



237 

diplomatic relations; breaking of consular relations; 
partial or complete interruption of economic relations 
or of rail, sea, air, postal, telegraphic, telephonic, 
and radiotelephonic or radiotelegraphic communica- 
tions; and use of armed force. 

Article 9. — In addition to other acts which the 
Organ of Consultation may characterize as aggres- 
sion, the following shall be considered as such: 

a. Unprovoked armed attack by a State against 
the territory, the people, or the land, sea or air forces 
of another State; 

b. Invasion, by the armed forces of a State, of the 
territory, of an American State, through the trespass- 
ing of boundaries demarcated in accordance with a 
treaty, judicial decision, or arbitral award, or, in the 
absence of frontiers thus demarcated, invasion affect- 
ing a region which is under the effective jurisdiction 
of another State. 

Article 10. — None of the provisions of this Treaty 
shall be construed as impairing the rights and obli- 
gations of the High Contracting Parties under the 
Charter of the United Nations. 

Article 11. — The consultation to which this 
Treaty refers shall be carried out by means of the 
Meetings of Ministers of Foreign Affairs of the 
American Republics which have ratified the Treaty, 
or in the manner or by the organ which in the future 
may be agreed upon. 

Article 12. — The Governing Board of the Pan 
American Union may act provisionally as an organ 
of consultation until the meeting of the Organ of 
Consultation referred to in the preceding Article 
takes place. 

Article 13. — The consultations shall be initiated 
at the request addressed to the Governing Board of 
the Pan American Union by any of the Signatory 
States which has ratified the Treaty. 



238 

Article 14. — In the voting referred to in this 
Treaty only the representatives of the Signatory 
States which have ratified the Treaty may take part. 

Article 15. — The Governing Board of the Pan 
American Union shall act in all matters concerning 
this Treaty as an organ of liaison among the Signa- 
tory States which have ratified this Treaty and be- 
tween these States and the United Nations. 

Article 16. — The decisions of the Governing 
Board of the Pan American Union referred to in 
Articles 13 and IS above shall be taken by an abso- 
lute majority of the Members entitled to vote. 

Article 17. — The Organ of Consultation shall take 
its decisions by a vote of two-thirds of the Signatory 
States which have ratified the Treaty. 

Article 18. — In the case of a situation or dispute 
between American States, the parties directly inter- 
ested shall be excluded from the voting referred to in 
the two preceding Articles. 

Article 19. — To constitute a quorum in all the 
meetings referred to in the previous Articles, it shall 
be necessary that the number of States represented 
shall be at least equal to the number of votes neces- 
sary for the taking of the decision. 

Article 20. — Decisions which require the applica- 
tion of the measures specified in Article 8 shall be 
binding upon all the Signatory States which have 
ratified this Treaty, with the sole exception that no 
State shall be required to use armed force without 
its consent. 

Article 21. — The measures agreed upon by the 
Organ of Consultation shall be executed through the 
procedures and agencies now existing or those which 
may in the future be established. 

Article 22. — This Treaty shall come into effect 
between the States which ratify it as soon as the 



239 

ratifications of two-thirds of the Signatory States 
have been deposited. 

Article 23. — This Treaty is open for signature by 
the American States at the city of Rio de Janeiro, 
and shall be ratified by the Signatory States as soon 
as possible in accordance with their respective con- 
stitutional processes. The ratifications shall be de- 
posited with the Pan American Union, which shall 
notify the Signatory States of each deposit. Such 
notification shall be considered as an exchange of 
ratifications. 

Article 24. — The present Treaty shall be regis- 
tered with the Secretariat of the United Nations 
through the Pan American Union, when two-thirds 
of the Signatory States have deposited their ratifica- 
tion. 

Article 25. — This Treaty shall remain in force 
indefinitely, but may be denounced by any High 
Contracting Party by a notification in writing to the 
Pan American Union, which shall inform all the 
other High Contracting Parties of each notification 
of denunciation received. After the expiration of 
two years from the date of the receipt by the Pan 
American Union of a notification of denunciation by 
any High Contracting Party, the present Treaty 
shall cease to be in force with respect to such State, 
but shall remain in full force and effect with respect 
to all the other High Contracting Parties. 

Article 26. — The principles and fundamental pro- 
visions of this Treaty shall be incorporated in the 
Organic Pact of the Inter-American System. 

In witness whereof, the undersigned Plenipotenti- 
aries, having deposited their full powers found to 
be in due and proper form, sign this Treaty on behalf 
of their respective Governments, on the dates appear- 
ing opposite their signatures. 

Done in the City of Rio de Janeiro, in four texts 



240 

in the English, French, Portuguese and Spanish 
languages, on the second of September, nineteen 
hundred forty-seven. 

[Signatures omitted.] 

Reservation of Honduras: 

The Delegation of Honduras, in signing the present 
Treaty and in connection with Article 9, section (b), 
does so with the reservation that the boundary be- 
tween Honduras and Nicaragua is definitively de- 
marcated by the Joint Boundary Commission of 
nineteen hundred and nineteen hundred and one, 
starting from a point in the Gulf of Fonseca, in the 
Pacific Ocean, to Portillo de Teotecacinte and, from 
this point to the Atlantic, by the line that His 
Majesty the King of Spain's arbitral award estab- 
lished on the twenty-third of December of nineteen 
hundred and six. 



V. TRIALS OF WAR CRIMINALS 

TRIALS IN EUROPE 

» Note. — 1. The prosecution of enemy persons responsible for acts of violence 
inflicted upon the civilian populations of occupied countries was envisaged in 
a Declaration signed at London on 13 January 1942 by representatives of 
Belgium, Czechoslovakia, Free France, Greece, Luxembourg, The Netherlands, 
Norway, Poland and Yugoslavia. 37 American Journal of International Law 
(1943), p. 84. 

2. In 1943, a United Nations Commission for the Investigation of War Crimes 
was established at London, to investigate war crimes against nationals of the 
United Nations, to assemble the information available, and to report from time 
to time to the Governments concerned. 

3. In a conference at Moscow on 30 October 1943, the Foreign Secretaries 
of the United States of America, the United Kingdom and the Soviet Union, 
speaking in the interests of the United Nations, issued a declaration giving 
"full warning" that German officers and men and members of the Nazi party 
responsible for atrocities, massacres and executions would be sent back to the 
countries in which their deeds were done for punishment according to the laws 
of those countries. This declaration was made without prejudice to the cases 
of the major criminals whose offenses had no particular geographical localiza- 
tion, as it was contemplated that such persons would be punished by the joint 
decision of the Governments of the Allies. 38 American Journal of International 
Law (Supp. 1944), p. 7. 

4. On 8 August 1945, the Governments of the United States, France, the 
United Kingdom and the Soviet Union, "acting in the interests of all the United 
Nations," concluded an Agreement at London for the establishment, "after 
consultation with the Control Council for Germany," of an International Mili- 
tary Tribunal for the trial of certain war criminals whose offenses had no par- 
ticular geographical localization. Naval War College, International Law Docu- 
ments 1944-45, p. 249. The Agreement entered into force at once; it was to 
continue in force for a period of one year and thereafter subject to termination 
by any signatory on one month's notice. The Agreement was open to adherence 
by "any Government of the United Nations," and the Governments of the 
following 19 states adhered to it: Australia, Belgium, Czechoslovakia, Denmark, 
Ethiopia, Greece, Haiti, Honduras, India, Luxembourg, Netherlands, New 
Zealand, Norway, Panama, Paraguay, Poland, Uruguay, Venezuela, Yugo- 
slavia. 14 Department of State Bulletin (1946) 261, 954. 

5. The Charter annexed to the Agreement of 8 August 1945 set up an Inter- 
national Military Tribunal for the "trial and punishment of the major war 
criminals of the European Axis." Slight errors in the English and French 
versions of Article 6, paragraph c, as compared with the Russian version, were 
rectified by a protocol signed at Berlin on 6 October 1945. Executive Agreement 
Series No. 472. 

6. Members of the International Military Tribunal, and alternates, were 
appointed by each of the four States signatory to the London Agreement of 8 
August 1945. All were civilians except the member and the alternate desig- 
nated by the Soviet Union. The Tribunal first met at Berlin on 15 October 1945. 

7. On 18 October 1945, twenty-four Germans were indicted before the Inter- 

241 



242 

national Military Tribunal, in the name of the four States signatory to the 
London Agreement. Each of the defendants was charged on one or more of the 
following counts: 1) a common plan or conspiracy; 2) crimes against peace; 
3) war crimes; 4) crimes against humanity. The Tribunal was also asked to 
declare that the Reich Cabinet, various Nazi organizations, and the General . 
Staff and High Command of the German Armed Forces were criminal. Depart- 
ment of State Publication 2420, p. 23. One of the defendants (Robert Ley) 
having died, twenty-three were arraigned before the Tribunal; the trial of one 
defendant (Gustav Krupp) was postponed; and one defendant (Martin Bormann) 
was tried in his absence. 

8. The trial at Niirnberg began on 20 November 1945, and ended on 31 
August 1946. The Tribunal held 403 open sessions; 33 witnesses were heard 
for the prosecution, while 61 witnesses, in addition to nineteen of the defendants, 
testified for the defense; 143 additional witnesses gave evidence for the defense 
by means of written answers to interrogatories. The Tribunal heard 22 wit- 
nesses for organizations, in addition to the evidence taken by commissioners. 
In the judgment rendered on 30 September and 1 October 1946, 19 of the 22 
defendants who came to trial were found guilty on one or more counts of the 
indictment, and three were acquitted. Twelve were sentenced to death by 
hanging; one committed suicide, and eleven were executed. Three Nazi organi- 
zations and the Secret State Police were declared to have been criminal in 
character. 

9. Though it had been contemplated that in subsequent proceedings the 
International Military Tribunal would proceed to other trials, no such pro- 
ceedings were held by the Tribunal, and it did not later convene. 

10. In a report made to President Truman on 9 November 1946, Francis 
Biddle, American Member of the International Military Tribunal, recommended 
"that the United Nations as a whole reaffirm the principles of the Niirnberg 
Charter in the context of a general codification of offences against the peace and 
security of mankind." In reply, President Truman stated that the setting up 
of "a code of international criminal law to deal with all who wage aggressive 
war . . . deserves to be studied and weighed by the best legal minds the world 
over"; and he expressed the hope that the United Nations would carry out Judge 
Biddle's recommendation. 15 Department of State Bulletin 954-957. A 
proposal in this sense was made by the American Delegation to the General 
Assembly of the United Nations on 15 November 1946. United Nations Docu- 
ment A/C.6/69. On 11 December 1946, the General Assembly took note of the 
London Agreement and annexed Charter, as well as the Tokyo Charter, and 
adopted a resolution affirming the principles of international law recognized 
by the Charter of the Niirnberg Tribunal and the judgment of the Tribunal. 

11. On 20 December 1945, by its Law No. 10, the Control Council for Ger- 
many provided for national tribunals to be set up in the various zones of 
German}- for the trial of persons accused of war crimes. Ordinance No. 7, 
adopted by the Military Government for Germany, United States Zone, on 18 
October 1946, made provision for tribunals in the United States Zone and set 
out the procedure for them to follow. 



243 

(20) Excerpts from the Judgment of the International 
Military Tribunal, Ntirnberg, 30 September-1 October 
1946 

The International Military Tribunal 
nurnberg, germany 

Lord Justice Lawrence, Member for the United 

Kingdom of Great Britain and Northern Ireland, 

President 
Mr. Justice Birkett, Alternate Member 
Mr. Francis Biddle, Member for the United States 

of America 
Judge John J. Parker, Alternate Member 
M. Le Professeur Donnedieu de Vabres, Member 

for the French Republic 
M. Le Conseiller R. Falco, Alternate Member 
Major General I. T. Nikitchenko, Member for 

the Union of Soviet Socialist Republics 
Lieutenant Colonel A. F. Volchkov, Alternate 

Member 

prosecution counsel 

Chief Prosecutor for the United States of America: 
Mr. Justice Robert H. Jackson 

Chief Prosecutor for the United Kingdom of Great 
Britain and Northern Ireland: H. M. Attorney- 
General, Sir Hartley Shawcross, K. C, M. P. 

Chief Prosecutor for the French Republic: M. Fran- 
cois de Menthon; M. Auguste Champetier de 
Ribes 

Chief Prosecutor for the Union of Soviet Socialist 
Republics: General R. A. Rudenko 

The United States of America, the French Repub- 
lic, the United Kingdom of Great Britain and 
Northern Ireland, and the Union of Soviet Socialist 
Republics 



244 

against 

Hermann Wilhelm Goering, Rudolf Hess, Joachim 
von Ribbentrop, Robert Ley, Wilhelm Keitel, 
Ernst Kaltenbrunner, Alfred Rosenberg, Hans 
Frank, Wilhelm Frick, Julius Streicher, Walter 
Funk, Hjalmar Schacht, Gustav Krupp von 
Bohlen und Halbach, Karl Doenitz, Erich Raeder, 
Baldur von Schirach, Fritz Sauckel, Alfred Jodl, 
Martin Bormann, Franz von Papen, Artur Seyss- 
Inquart, Albert Speer, Constantin von Neurath, 
and Hans Fritzsche, Individually and as Members 
of Any of the Following Groups or Organizations 
to Which They Respectively Belonged, Namely: 
Die Reichsregierung (Reich Cabinet); Das Korps 
Der Politischen Leiter Der Nationalsozialistischen 
Deutschen Arbeiterpartei (Leadership Corps of 
the Nazi Party) ; Die Schutzstaffeln Der National- 
sozialistischen Deutschen Arbeiterpartei (com- 
monly known as the "SS") and including Die 
Sicherheitsdienst (commonly known as the "SD"); 
Die Geheime Staatspolizei (Secret State Police, 
commonly known as the "Gestapo") ; Die Sturmab- 
teilungen Der N. S. D. A. P. (commonly known 
as the "SA") and the General Staff and High 
Command of the German Armed Forces all as 
defined in Appendix B of the Indictment, 
defendants. 

* * * In Berlin, on the 18th October 1945, in 
accordance with Article 14 of the Charter, an in- 
dictment was lodged against the defendants named 
in the caption above, who had been designated by 
the Committee of the Chief Prosecutors of the signa- 
tory powers as major war criminals. 

A copy of the indictment in the German language 
was served upon each defendant in custody at least 
30 days before the trial opened. . . . 



245 

The defendant Robert Ley committed suicide in 
prison on the 25 th October 1945. On the 15th 
November 1945 the Tribunal decided that the de- 
fendant Gustav Krupp von Bohlen und Halbach 
could not then be tried because of his physical and 
mental condition, but that the charges against him 
in the indictment should be retained for trial there- 
after, if the physical and mental condition of the 
defendant should permit. On the 17th November 
1945 the Tribunal decided to try the defendant Bor- 
mann in his absence under the provisions of Article 
12 of the Charter. After argument, and considera- 
tion of full medical reports, and a statement from the 
defendant himself, the Tribunal decided on the 1st 
December 1945 that no grounds existed for a post- 
ponement of the trial against the defendant Hess 
because of his mental condition. A similar decision 
was made in the case of the defendant Streicher. 

In accordance with Articles 16 and 23 of the Char- 
ter, counsel were either chosen by the defendants in 
custody themselves, or at their request were ap- 
pointed by the Tribunal. In his absence the Tribunal 
appointed counsel for the defendant Bormann, and 
also assigned counsel to represent the named groups 
or organizations. 

The trial which was conducted in four languages — 
English, Russian, French, and German — began on 
the 20th November 1945, and pleas of "Not guilty" 
were made by all the defendants except Bormann. 

The hearing of evidence and the speeches of counsel 
concluded on 31 August 1946. 

Four hundred and three open sessions of the Tri- 
bunal have been held; 33 witnesses gave evidence 
orally for the prosecution against the individual 
defendants, and 61 witnesses, in addition to 19 of the 
defendants, gave evidence for the defense. 

A further 143 witnesses gave evidence for the 



246 

defense by means of written answers to interroga- 
tories. 

The Tribunal appointed commissioners to hear 
evidence relating to the organizations, and 101 wit- 
nesses were heard for the defense before the commis- 
sioners, and 1,809 affidavits from other witnesses 
were submitted. Six reports were also submitted, 
summarizing the contents of a great number of fur- 
ther affidavits. 

Thirty-eight thousand affidavits, signed by 155,000 
people, were submitted on behalf of the Political 
Leaders, 136,213 on behalf of the SS, 10,000 on behalf 
of the SA, 7,000 on behalf of the SD, 3,000 on behalf 
of the General Staff and OKW, and 2,000 on behalf of 
the Gestapo. 

The Tribunal itself heard 22 witnesses for the 
organizations. The documents tendered in evidence 
for the prosecution of the individual defendants and 
the organizations numbered several thousands. A 
complete stenographic record of everything said in 
court has been made, as well as an electrical recording 
of all the proceedings. 

Copies of all the documents put in evidence by 
the prosecution have been supplied to the defense in 
the German language. The applications made by 
the defendants for the production of witnesses and 
documents raised serious problems in some instances, 
on account of the unsettled state of the country. 
It was also necessary to limit the number of witnesses 
to be called, in order to have an expeditious hearing, 
in accordance with Article 18 (c) of the Charter. 
The Tribunal, after examination, granted all those 
applications which in its opinion were relevant to 
the defense of any defendant or named group or 
organization, and were not cumulative. Facilities 
were provided for obtaining those witnesses and 



247 

documents granted through the office of the General 
Secretary established by the Tribunal. 

Much of the evidence presented to the Tribunal on 
behalf of the prosecution was documentary evidence, 
captured by the Allied armies in German Army 
headquarters, Government buildings, and elsewhere. 
Some of the documents were found in salt mines, 
buried in the ground, hidden behind false walls, and 
in other places thought to be secure from discovery. 
The case, therefore, against the defendants rests in a 
large measure on documents of their own making, 
the authenticity of which has not been challenged 
except in one or two cases. * * * 

For the purpose of showing the background of 
the aggressive war and war crimes charged in the 
indictment, the Tribunal will begin by reviewing 
some of the events that followed the First World 
War, and in particular, by tracing the growth of the 
Nazi Party under Hitler's leadership to a position of 
, supreme power from which it controlled the destiny 
of the whole German people, and paved the way for 
the alleged commission of all the crimes charged 
against the defendants. * * * [The Tribunal 
reviewed the history of the Party's rise to power.] 

The Common Plan of Conspiracy and Aggressive 

War 

The Tribunal now turns to the consideration of 
the crimes against peace charged in the indictment. 
Count one of the indictment charges the defendants 
with conspiring or having a common plan to commit 
crimes against peace. Count two of the indictment 
charges the defendants with committing specific 
crimes against peace by planning, preparing, in- 
itiating, and waging wars of aggression against a 
number of other States. It will be convenient to 
consider the question of the existence of a common 



248 

plan and the question of aggressive war together, 
and to deal later in this judgment with the question 
of the individual responsibility of the defendants. 

The charges in the indictment that the defendants 
planned and waged aggressive wars are charges of the 
utmost gravity. War is essentially an evil thing. 
Its consequences are not confined to the belligerent 
states alone, but affect the whole world. 

To initiate a war of aggression, therefore, is not 
only an international crime; it is the supreme inter- 
national crime differing only from other war crimes 
in that it contains within itself the accumulated evil 
of the whole. 

The first acts of aggression referred to in the in- 
dictment are the seizure of Austria and Czechoslova- 
kia; and the first war of aggression charged in the 
indictment is the war against Poland begun on the 
1st September 1939. 

Before examining that charge it is necessary to 
look more closely at some of the events which pre- 
ceded these acts of aggression. The war against 
Poland did not come suddenly out of an otherwise 
clear sky; the evidence has made it plain that this 
war of aggression, as well as the seizure of Austria 
and Czechoslovakia, was premeditated and carefully 
prepared, and was not undertaken until the moment 
was thought opportune for it to be carried through 
as a definite part of the preordained scheme and plan. 

For the aggressive designs of the Nazi Government 
were not accidents arising out of the immediate 
political situation in Europe and the world; they were 
a deliberate and essential part of Nazi foreign policy. 

From the beginning, the National Socialist move- 
ment claimed that its object was to unite the German 
people in the consciousness of their mission and 
destiny, based on inherent qualities of race, and under 
the guidance of the Fuehrer. 



249 

For its achievement, two things were deemed to be 
essential: The disruption of the European order as 
it had existed since the Treaty of Versailles, and the 
creation of a Greater Germany beyond the frontiers 
of 1914. This necessarily involved the seizure of 
foreign territories. 

War was seen to be inevitable, or at the very least, 
highly probable, if these purposes were to be ac- 
complished. The German people, therefore, with 
all their resources, were to be organized as a great 
political-military army, schooled to obey without 
question any policy decreed by the State. * * * 

[The Tribunal reviewed at length German prepara- 
tion for aggression, the seizures of Austria and 
Czechoslovakia, the aggression against Poland, the 
successive invasions of Denmark, Norway, Belgium, 
the Netherlands, Luxemburg, Yugoslavia, Greece, 
and the U. S. S. R., and the commencement of war 
against the United States.] 

Violations of International Treaties 

The Charter defines as a crime the planning or 
waging of war that is a war of aggression or a war in 
violation of international treaties. The Tribunal has 
decided that certain of the defendants planned and 
waged aggressive wars against 10 nations, and were 
therefore guilty of this series of crimes. This makes 
it unnecessary to discuss the subject in further detail, 
or even to consider at any length the extent to which 
these aggressive wars were also "wars in violation of 
international treaties, agreements, or assurances." 
These treaties are set out in appendix C of the indict- 
ment. Those of principal importance are the fol- 
lowing : 

(A) HAGUE CONVENTIONS 

In the 1899 Convention the signatory powers 
agreed: "before an appeal to arms ... to have re- 



250 

course, as far as circumstances allow, to the good 
offices or mediation of one or more friendly powers." 
A similar clause was inserted in the Convention for 
Pacific Settlement of International Disputes of 1907. 
In the accompanying Convention Relative to Open- 
ing of Hostilities, article I contains this far more 
specific language: 

"The Contracting Powers recognize that hostilities between 
them must not commence without a previous and explicit warn- 
ing, in the form of either a declaration of war, giving reasons, 
or an ultimatum with a conditional declaration of war." 

Germany was a party to these conventions. 

(B) VERSAILLES TREATY 

Breaches of certain provisions of the Versailles 
Treaty are also relied on by the prosecution — not to 
fortify the left bank of the Rhine (art. 42-44): to 
"respect strictly the independence of Austria" (art. 
80); renunciation of any rights in Memel (art. 99) 
and the Free City of Danzig (art. 100); the recogni- 
tion of the independence of the Czecho-Slovak State; 
and the Military, Naval, and Air Clauses against 
German rearmament found in part V. There is no 
doubt that action was taken by the German Govern- 
ment contrary to all these provisions, the details of 
which are set out in appendix C. With regard to 
the Treaty of Versailles, the matters relied on are: 

1. The violation of articles 42 to 44 in respect of 
the demilitarized zone of the Rhineland. 

2. The annexation of Austria on the 13th March 
1938, in violation of aticle 80. 

3. The incorporation of the district of Memel on 
the 22d March 1939, in violation of article 99. 

4. The incorporation of the Free City of Danzig 
on the 1st September 1939, in violation of article 100. 

5. The incorporation of the provinces of Bohemia 



251 

and Moravia on the 16th March 1939, in violation of 
article 81. 

6. The repudiation of the military, naval and air 
clauses of the treaty, in or about March of 1935. 

On the 21st May 1935, Germany announced that, 
whilst renouncing the disarmament clauses of the 
treaty, she would still respect the territorial limita- 
tions, and would comply with the Locarno Pact. 
(With regard to the first five breaches alleged, there- 
fore, the Tribunal finds the allegation proved.) 

(C) TREATIES OF MUTUAL GUARANTEE, ARBITRATION, 
AND NON-AGGRESSION 

It is unnecessary to discuss in any detail the vari- 
ous treaties entered into by Germany with other 
powers. Treaties of Mutual Guarantee were signed 
by Germany at Locarno in 1925, with Belgium, 
France, Great Britain, and Italy, assuring the main- 
tenance of the territorial status quo. Arbitration 
treaties were also executed by Germany at Locarno 
with Czechoslovakia, Belgium, and Poland. 

Article I of the latter treaty is typical, providing: 

"All disputes of every kind between Germany and Poland 
* * * which it may not be possible to settle amicably 
by the normal methods of diplomacy, shall be submitted for 
decision to an arbitral tribunal . . ." 

Conventions of arbitration and conciliation were 
entered into between Germany, the Netherlands, 
and Denmark in 1926; and between Germany and 
Luxemburg in 1929. Nonaggression treaties were 
executed by Germany with Denmark and Russia in 
1939. 

(D) KELLOGG-BRIAND PACT 

The Pact of Paris was signed on the 27th August 
1928 by Germany, the United States, Belgium, 
France, Great Britain, Italy, Japan, Poland, and 

777534—48 17 



252 

other countries; and subsequently by other powers. 
The Tribunal has made full reference to the nature 
of this Pact and its legal effect in another part of this 
judgment. It is therefore not necessary to discuss 
the matter further here, save to state that in the 
opinion of the Tribunal this pact was violated by 
Germany in all the cases of aggressive war charged 
in the indictment. It is to be noted that on the 26th 
January 1934, Germany signed a Declaration for the 
Maintenance of Permanent Peace with Poland, 
which was explicitly based on the Pact of Paris, and 
in which the use of force was outlawed for a period 
of 10 years. 

The Tribunal does not find it necessary to consider 
any of the other treaties referred to in the appendix, 
or the repeated agreements and assurances of her 
peaceful intentions entered into by Germany. 

(B) THE LAW OF THE CHARTER 

The jurisdiction of the Tribunal is defined in the 
Agreement and Charter, and the crimes coming 
within the jurisdiction of the Tribunal, for which 
there shall be individual responsibility, are set out in 
Article 6. The law of the Charter is decisive, and 
binding upon the Tribunal. 

The making of the Charter was the exercise of the 
sovereign legislative power by the countries to which 
the German Reich unconditionally surrendered; and 
the undoubted right of these countries to legislate 
for the occupied territories has been recognized by 
the civilized world. The Charter is not an arbitrary 
exercise of power on the part of the victorious nations, 
but in the view of the Tribunal, as will be shown, it 
is the expression of international law existing at the 
time of its creation; and to that extent is itself a con- 
tribution to international law. 

The Signatory Powers created this Tribunal, de- 



253 

fined the law it was to administer, and made regula- 
tions for the proper conduct of the trial. In doing 
so, they have done together what any one of 
them might have done singly; for it is not to be 
doubted that any nation has the right thus to set up 
special courts to administer law. With regard to 
the constitution of the court, all that the defendants 
are entitled to ask is to receive a fair trial on the 
facts and law. 

The Charter makes the planning or waging of a 
war of aggression or a war in violation of interna- 
tional treaties a crime; and it is therefore not strictly 
necessary to consider whether and to what extent 
aggressive war was a crime before the execution of 
the London Agreement. But in view of the great 
importance of the questions of law involved, the 
Tribunal has heard full argument from the prosecu- 
tion and the defense, and will express its view on the 
matter. 

It was urged on behalf of the defendants that a 
fundamental principle of all law — international and 
domestic — is that there can be no punishment of 
crime without a preexisting law. "Nullum crimen 
sine lege, nulla poena sine lege." It was submitted 
that ex post facto punishment is abhorrent to the law 
of all civilized nations, that no sovereign power had 
made aggressive war a crime at the time the alleged 
criminal acts were committed, that no statute had 
defined aggressive war, that no penalty had been 
fixed for its commission, and no court had been 
created to try and punish offenders. 

In the first place, it is to be observed that the 
maxim nullum crimen sine lege is not a limitation of 
sovereignty, but is in general a principle of justice. 
To assert that it is unjust to punish those who in 
defiance of treaties and assurances have attacked 
neighboring states without warning is obviously un- 



254 

true, for in such circumstances the attacker must 
know that he is doing wrong, and so far from it being 
unjust to punish him, it would be unjust if his wrong 
were allowed to go unpunished. Occupying the 
positions they did in the government of Germany, 
the defendants, or at least some of them must have 
known of the treaties signed by Germany, outlawing 
recourse to war for the settlement of international 
disputes; they must have known that they were 
acting in defiance of all international law when in 
complete deliberation they carried out their designs 
of invasion and aggression. On this view of the 
case alone, it would appear that the maxim has no 
application to the present facts. 

This view is strongly reinforced by a consideration 
of the state of international law in 1939, so far as 
aggressive war is concerned. The General Treaty 
for the Renunciation of War of August 27, 1928, more 
generally known as the Pact of Paris or the Kellogg- 
Briand Pact, was binding on 63 nations, including 
Germany, Italy, and Japan at the outbreak of war 
in 1939. In the preamble, the signatories declared 
that they were — 

"Deeply sensible of their solemn duty to promote the welfare 
of mankind; persuaded that the time has come when a frank 
renunciation of war as an instrument of national policy should 
be made to the end that the peaceful and friendly relations now 
existing between their peoples should be perpetuated ... all 
changes in their relations with one another should be sought only 
by pacific means . . . thus uniting civilized nations of the world 
in a common renunciation of war as an instrument of their na- 
tional policy . . ." 

The first two articles are as follows: 

"Article I. The High Contracting Parties solemnly declare 
in the names of their respective peoples that they condemn re- 
course to war for the solution of international controversies and 
renounce it as an instrument of national policy in their relations 
to one another." 



255 

"Article II. The High Contracting Parties agree that the set- 
tlement or solution of all disputes or conflicts of whatever nature 
or of whatever origin they may be, which may arise among 
them, shall never be sought except by pacific means." 

The question is, what was the legal effect of this 
pact? The nations who signed the pact or adhered 
to it unconditionally condemned recourse to war 
for the future as an instrument of policy, and express- 
ly renounced it. After the signing of the pact, any 
nation resorting to war as an instrument of national 
policy breaks the pact. In the opinion of the Tribu- 
nal, the solemn renunciation of war as an instrument 
of national policy necessarily involves the proposition 
that such a war is illegal in international law; and 
that those who plan and wage such a war, with its 
inevitable and terrible consequences, are committing 
a crime in so doing. War for the solution of inter- 
national controversies undertaken as an instrument 
of national policy certainly includes a war of aggres- 
sion, and such a war is therefore outlawed by the 
pact. As Mr. Henry L. Stimson, then Secretary of 
State of the United States, said in 1932: 

"War between nations was renounced by the signatories of the 
Kellogg-Briand Treaty. This means that it has become through- 
out practically the entire world ... an illegal thing. Here- 
after, when engaged in armed conflict, either one or both of them 
must be termed violators of this general treaty law . . . We 
denounce them as law breakers." 

But it is argued that the pact does not expressly 
enact that such wars are crimes, or set up courts to 
try those who make such wars. To that extent the 
same is true with regard to the laws of war contained 
in the Hague Convention. The Hague Convention 
of 1907 prohibited resort to certain methods of waging 
war. These included the inhumane treatment of 
prisoners, the employment of poisoned weapons, the 
improper use of flags of truce, and similar matters. 



256 

Many of these prohibitions had been enforced long 
before the date of the Convention; but since 1907 
they have certainly been crimes, punishable as of- 
fenses against the laws of war; yet the Hague Con- 
vention nowhere designates such practices as criminal, 
nor is any sentence prescribed, nor any mention made 
of a court to try and punish offenders. For many 
years past, however, military tribunals have tried 
and punished individuals guilty of violating the rules 
of land warfare laid down by this Convention. In the 
opinion of the Tribunal, those who wage aggressive 
war are doing that which is equally illegal, and of 
much greater moment than a breach of one of the 
rules of the Hague Convention. In interpreting 
the words of the pact, it must be remembered that 
international law is not the product of an interna- 
tional legislature, and that such international agree- 
ments as the Pact of Paris have to deal with general 
principles of law, and not with administrative matters 
of procedure. The law of war is to be found not 
only in treaties, but in the customs and practices of 
states which gradually obtained universal recognition, 
and from the general principles of justice applied 
by jurists and practiced by military courts. This 
law is not static, but by continual adaptation follows 
the needs of a changing world. Indeed, in many 
cases treaties do no more than express and define 
for more accurate reference the principles of law 
already existing. 

The view which the Tribunal takes of the true 
interpretation of the pact is supported by the inter- 
national history which preceded it. In the year 
1923 the draft of a Treaty of Mutual Assistance 
was sponsored by the League of Nations. In Article 
I the treaty declared "that aggressive war is an in- 



257 

ternational crime," and that the parties would 
"undertake that no one of them will be guilty of 
its commission." The draft treaty was submitted 
to twenty-nine states, about half of whom were in 
favor of accepting the text. The principal objection 
appeared to be in the difficulty of defining the acts 
which would constitute "aggression," rather than 
any doubt as to the criminality of aggressive war. 
The preamble to the League of Nations 1924 Protocol 
for the Pacific Settlement of International Disputes, 
("Geneva Protocol"), after "recognising the solidar- 
ity of the members of the international community," 
declared that "a war of aggression constitutes a 
violation of this solidarity and is an international 
crime." It went on to declare that the contracting 
parties were "desirous of facilitating the complete 
application of the system provided in the Covenant 
of the League of Nations for the pacific settlement 
of disputes between the states and of ensuring the 
repression of international crimes." The Protocol 
was recommended to the members of the League of 
Nations by a unanimous resolution in the Assembly 
of the 48 members of the League. These members 
included Italy and Japan, but Germany was not 
then a member of the League. 

Although the Protocol was never ratified, it was 
signed by the leading statesmen of the world, re- 
presenting the vast majority of the civilized States 
and peoples, and may be regarded as strong evidence 
of the intention to brand aggressive war as an in- 
ternational crime. 

At the meeting of the Assembly of the League of 
Nations on the 24th September 1927, all the dele- 
gations then present (including the German, the 
Italian, and the Japanese), unanimously adopted a 



258 

declaration concerning wars of aggression. The 
preamble to the declaration stated: 

"The Assembly: Recognizing the solidarity which unites the 
community of nations; 

Being inspired by a firm desire for the maintenance of general 
peace; 

Being convinced that a war of aggression can never serve as 
a means of settling international disputes, and is in consequence 
an international crime * * *." 

The unanimous resolution of the 18th February 
1928, of 21 American republics at the sixth (Havana) 
Pan-American Conference, declared that "war of 
aggression constitutes an international crime against 
the human species." 

All these expressions of opinion, and others that 
could be cited, so solemnly made, reinforce the con- 
struction which the Tribunal placed upon the Pact 
of Paris, that resort to a war of aggression is not 
merely illegal, but is criminal. The prohibition of 
aggressive war demanded by the conscience of the 
world, finds its expression in the series of Pacts and 
Treaties to which the Tribunal has just referred. 

It is also important to remember that Article 227 
of the Treaty of Versailles provided for the con- 
stitution of a special tribunal, composed of repre- 
sentatives of five of the Allied and Associated Powers 
which had been belligerents in the First World War 
opposed to Germany, to try the former German 
Emperor "for a supreme offence against international 
morality and the sanctity of treaties." The purpose 
of this trial was expressed to be "to vindicate the 
solemn obligations of international undertakings, 
and the validity of international morality." In 
Article 228 of the Treaty, the German Government 
expressly recognized the right of the Allied Powers 
"to bring before military tribunals persons accused 



259 

of having committed acts in violation of the laws 
and customs of war." 

It was submitted that international law is con- 
cerned with the actions of sovereign States, and 
provides no punishment for individuals; and further, 
that where the act in question is an act of State, those 
who carry it out are not personally responsible, but 
are protected by the doctrine of the sovereignty of 
the State. In the opinion of the Tribunal, both 
these submissions must be rejected. That interna- 
tional law imposes duties and liabilities upon in- 
dividuals as well as upon states has long been re- 
cognized. In the recent case of Ex parte Quirin 
(1942, 317 U. S. 1), before the Supreme Court of the 
United States, persons were charged during the war 
with landing in the United States for purposes of 
spying and sabotage. The late Chief Justice Stone, 
speaking for the court, said: 

"From the very beginning of its history this Court has applied 
the law of war as including that part of the law of nations which 
prescribes for the conduct of war, the status, rights, and duties 
of enemy nations as well as enemy individuals." 

He went on to give a list of cases tried by the courts, 
where individual offenders were charged with offences 
against the laws of nations, and particularly the 
laws of war. Many other authorities could be cited, 
but enough has been said to show that individuals 
can be punished for violations of international law. 
Crimes against international law are committed by 
men, not by abstract entities, and only by punishing 
individuals who commit such crimes can the pro- 
visions of international law be enforced. 

The provisions of Article 228 of the Treaty of 
Versailles already referred to illustrate and enforce 
this view of individual responsibility. 

The principle of international law, which under 
certain circumstances, protects the representatives 



260 

of a State, cannot be applied to acts which are 
condemned as criminal by international law. The 
authors of these acts cannot shelter themselves 
behind their official position in order to be freed 
from punishment in appropriate proceedings. Ar- 
ticle 7 of the Charter expressly declares: 

"The official position of defendants, whether as heads of State, 
or responsible officials in government departments, shall not be 
considered as freeing them from responsibility, or mitigating 
punishment." 

On the other hand the very essence of the Charter 
is that individuals have international duties which 
transcend the national obligations of obedience im- 
posed by the individual State. He who violates the 
laws of war cannot obtain immunity while acting in 
pursuance of the authority of the State if the State 
in authorizing action moves outside its competence 
under international law. 

It was also submitted on behalf of most of these 
defendants that in doing what they did they were 
acting under the orders of Hitler, and therefore 
cannot be held responsible for the acts committed 
by them in carrying out these orders. The Charter 
specifically provides in Article 8 : 

"The fact that the defendant acted pursuant to order of his 
Government or of a superior shall not free him from responsi- 
bility, but may be considered in mitigation of punishment." 

The provisions of this Article are in conformity with 
the law of all nations. That a soldier was ordered 
to kill or torture in violation of the international law 
of war has never been recognized as a defense to such 
acts of brutality, though, as the Charter here pro- 
vides, the order may be urged in mitigation of the 
punishment. The true test, which is found in varying 
degrees in the criminal law of most nations, is not the 
existence of the order, but whether moral choice was 
in fact possible. 



261 
The Law as to the Common Plan or Conspiracy 

In the previous recital of the facts relating to 
aggressive war, it is clear that planning and prep- 
aration had been carried out in the most systematic 
way at every stage of the history. 

Planning and preparation are essential to the mak- 
ing of war. In the opinion of the Tribunal aggressive 
war is a crime under international law. The Charter 
defines this offense as planning, preparation, initi- 
ation, or waging of a war of aggression "or partici- 
pation in a common plan or conspiracy for the 
accomplishment ... of the foregoing." The indict- 
ment follows this distinction. Count one charges the 
common plan or conspiracy. Count two charges the 
planning and waging of war. The same evidence has 
been introduced to support both counts. We shall 
therefore discuss both counts together, as they are in 
substance the same. The defendants have been 
charged under both counts, and their guilt under 
each count must be determined. 

The "common plan or conspiracy" charged in the 
indictment covers 25 years, from the formation of 
the Nazi Party in 1919 to the end of the war in 1945. 
The party is spoken of as "the instrument of cohesion 
among the defendants" for carrying out the purposes 
of the conspiracy — the overthrowing of the Treaty of 
Versailles, acquiring territory lost by Germany in the 
last war and "lebensraum" in Europe, by the use, if 
necessary, of armed force, of aggressive war. The 
"seizure of power" by the Nazis, the use of terror, 
the destruction of trade unions, the attack on 
Christian teaching and on churches, the persecution 
of the Jews, the regimentation of youth — all these 
are said to be steps deliberately taken to carry out 
the common plan. It found expression, so it is 
alleged, in secret rearmament, the withdrawal by 
Germany from the Disarmament Conference and the 



262 

League of Nations, universal military service, and 
seizure of the Rhineland. Finally, according to the 
indictment, aggressive action was planned and carried 
out against Austria and Czechoslovakia in 1936-38, 
followed by the planning and waging of war against 
Poland; and, successively, against ten other countries. 

The prosecution says, in effect, that any significant 
participation in the affairs of the Nazi Party or 
government is evidence of a participation in a 
conspiracy that is in itself criminal. Conspiracy is 
not defined in the Charter. But in the opinion of the 
Tribunal the conspiracy must be clearly outlined in 
its criminal purpose. It must not be too far removed 
from the time of decision and of action. The plan- 
ning, to be criminal, must not rest merely on the 
declarations of a party program, such as are found in 
the 25 points of the Nazi Party, announced in 1920, 
or the political affirmations expressed in "Mein 
Kampf" in later years. The tribunal must examine 
whether a concrete plan to wage war existed, and 
determine the participants in that concrete plan. 

It is not necessary to decide whether a single master 
conspiracy between the defendants has been estab- 
lished by the evidence. The seizure of power by the 
Nazi Party, and the subsequent domination by the 
Nazi State of all spheres of economic and social life 
must of course be remembered when the later plans 
for waging war are examined. That plans were 
made to wage wars, as early as November 5, 1937, 
and probably before that, is apparent. And there- 
after, such preparations continued in many directions, 
and against the peace of many countries. Indeed 
the threat of war — and war itself if necessary — was 
an integral part of the Nazi policy. But the evidence 
establishes with certainty the existence of many 
separate plans rather than a single conspiracy em- 
bracing them all. That Germany was rapidly moving 



263 

to complete dictatorship from the moment that the 
Nazis seized power, and progressively in the direction 
of war, has been overwhelmingly shown in the ordered 
sequence of aggressive acts and wars already set out 
in this judgment. 

In the opinion of the Tribunal, the evidence 
establishes the common planning to prepare and 
wage war by certain of the defendants. It is immate- 
rial to consider whether a single conspiracy to the 
extent and over the time set out in the indictment 
has been conclusively proved. Continued planning, 
with aggressive war as the objective, has been estab- 
lished beyond doubt. The truth of the situation was 
well stated by Paul Schmidt, official interpreter of 
the German Foreign Office, as follows: 

"The general objectives of the Nazi leadership were apparent 
from the start, namely the domination of the European Con- 
tinent, to be achieved first by the incorporation of all German- 
speaking groups in the Reich, and, secondly, by territorial expan- 
sion under the slogan "Lebensraum." The execution of these 
basic objectives, however, seemed to be characterized by 
improvisation. Each succeeding step was apparently carried 
out as each new situation arose, but all consistent with the 
ultimate objectives mentioned above." 

The argument that such common planning cannot 
exist where there is complete dictatorship is unsound. 
A plan in the execution of which a number of persons 
participate is still a plan, even though conceived by 
only one of them; and those who execute the plan do 
not avoid responsibility by showing that they acted 
under the direction of the man who conceived it. 
Hitler could not make aggressive war by himself. 
He had to have the cooperation of statesmen, military 
leaders, diplomats, and businessmen. When they, 
with knowledge of his aims, gave him their coopera- 
tion, they made themselves parties to the plan he had 
initiated. They are not to be deemed innocent 
because Hitler made use of them, if they knew what 



264 

they were doing. That they were assigned to their 
tasks by a dictator does not absolve them from 
responsibility for their acts. The relation of leader 
and follower does not preclude responsibility here 
any more than it does in the comparable tyranny 
of organized domestic crime. 

Count one, however, charges not only the con- 
spiracy to commit aggressive war, but also to commit 
war crimes and crimes against humanity. But the 
Charter does not define as a separate crime any 
conspiracy except the one to commit acts of aggressive 
war. Article 6 of the Charter provides : 

"Leaders, organizers, instigators, and accomplices partici- 
pating in the formulation or execution of a common plan or 
conspiracy to commit any of the foregoing crimes are responsible 
for all acts performed by any persons in execution of such 
plan." 

In the opinion of the Tribunal, these words do not 
add a new and separate crime to those already listed. 
The words are designed to establish the responsibility 
of persons participating in a common plan. The 
Tribunal will therefore disregard the charges in 
count one that the defendants conspired to commit 
war crimes and crimes against humanity, and will 
consider only the common plan to prepare, initiate, 
and wage aggressive war. 

War Crimes and Crimes Against Humanity 

The evidence relating to war crimes has been 
overwhelming, in its volume and its detail. It is 
impossible for this judgment adequately to review it, 
or to record the mass of documentary and oral 
evidence that has been presented. The truth remains 
that war crimes were committed on a vast scale, 
never before seen in the history of war. They were 
perpetrated in all the countries occupied by Germany, 
and on the high sea.s, and were attended by every 



265 

conceivable circumstance of cruelty and horror. 
There can be no doubt that the majority of them 
arose from the Nazi conception of "total war," 
with which the aggressive wars were waged. For in 
this conception of "total war" the moral ideas 
underlying the conventions which seek to make war 
more humane are no longer regarded as having force 
or validity. Everything is made subordinate to the 
overmastering dictates of war. Rules, regulations, 
assurances, and treaties, all alike, are of no moment; 
and so, freed from the restraining influence of inter- 
national law, the aggressive war is conducted by the 
Nazi leaders in the most barbaric way. Accordingly, 
war crimes were committed when and wherever the 
Fuehrer and his close associates thought them to be ad- 
vantageous. They were for the most part the result 
of cold and criminal calculation. 

On some occasions war crimes were deliberately 
planned long in advance. In the case of the Soviet 
Union, the plunder of the territories to be occupied, 
and the ill-treatment of the civilian population, were 
settled in minute detail before the attack was begun. 
As early as the autumn of 1940, the invasion of the 
territories of the Soviet Union was being considered. 
From that date onwards, the methods to be employed 
in destroying all possible opposition were continu- 
ously under discussion. 

Similarly, when planning to exploit the inhabitants 
of the occupied countries for slave labor on the very 
greatest scale, the German Government conceived it 
as an integral part of the war economy, and planned 
and organized this particular war crime down to the 
last elaborate detail. 

Other war crimes, such as the murder of prisoners 
of war who had escaped and been recaptured, or the 
murder of commandos or captured airmen, or the 
destruction of the Soviet commissars, were the result 



266 

of direct orders circulated through the highest official 
channels. 

The Tribunal proposes, therefore, to deal quite 
generally with the question of war crimes, and to 
refer to them later when examining the responsibility 
of the individual defendants in relation to them. 
Prisoners of war were ill-treated and tortured and 
murdered, not only in defiance of the well-established 
rules of international law, but in complete disregard 
of the elementary dictates of humanity. Civilian 
populations in occupied territories suffered the same 
fate. Whole populations were deported to Germany 
for the purposes of slave labor upon defense works, 
armament production and similar tasks connected 
with war effort. Hostages were taken in very large 
numbers from the civilian populations in all the 
occupied countries, and were shot as suited the Ger- 
man purposes. Public and private property was 
systematically plundered and pillaged in order to 
enlarge the resources of Germany at the expense of 
the rest of Europe. Cities and towns and villages 
were wantonly destroyed without military justifica- 
tion or necessity. 

(A) MURDER AND ILL-TREATMENT OF PRISONERS OF 

WAR 

Article 6 (b) of the Charter defines war crimes in 
these words : 

"War Crimes: namely, violations of the laws or customs of 
war. Such violations shall include, but not be limited to, murder, 
ill-treatment or deportation to slave labor or for any other pur- 
pose of civilian population of or in occupied territory, murder 
or ill-treatment of prisoners of war or persons on the seas, killing 
of hostages, plunder of public or private property, wanton de- 
struction of cities, towns, or villages, or devastation not justified 
by military necessity." 

In the course of the war, many Allied soldiers who 
had surrendered to the Germans were shot immedi- 



267 

ately, often as a matter of deliberate, calculated 
policy. On the 18th October 1942, the defendant 
Keitel circulated a directive authorized by Hitler, 
which ordered that all members of Allied "com- 
mando" units, often when in uniform and whether 
armed or not, were to be "slaughtered to the last 
man," even if they attempted to surrender. It was 
further provided that if such Allied troops came into 
the hands of the military authorities after being first 
captured by the local police, or in any other way, 
they should be handed over immediately to the SD. 
This order was supplemented from time to time, and 
was effective throughout the remainder of the war, 
although after the Allied landings in Normandy in 
1944 it was made clear that the order did not apply 
to "commandos" captured within the immediate 
battle area. Under the provisions of this order, 
Allied "commando" troops, and other military units 
operating independently, lost their lives in Norway, 
France, Czechoslovakia, and Italy. Many of them 
were killed on the spot, and in no case were those 
who were executed later in concentration camps ever 
given a trial of any kind. For example, an American 
military mission which landed behind the German 
front in the Balkans in January 1945, numbering 
about 12 to IS men and wearing uniform, were taken 
to Mauthausen under the authority of this order, 
and according to the affidavit of Adolf Zutte, the 
adjutant of the Mauthausen Concentration Camp, 
all of them were shot. 

In March 1944 the OKH issued the "Kugel" or 
"Bullet" decree, which directed that every escaped 
officer and NCO prisoner of war who had not been 
put to work, with the exception of British and Amer- 
ican prisoners of war, should on recapture be handed 
over to the SIPO and SD. This order was distributed 

777534 — i8 18 



268 

by the SIPO and SD to their regional offices. These 
escaped officers and NCOs were to be sent to the 
concentration camp at Mauthausen, to be executed 
upon arrival, by means of a bullet shot in the neck. 

In March 1944, 50 officers of the British Royal 
Air Force, who escaped from the camp at Sagan 
where they were confined as prisoners, were shot on 
recapture, on the direct orders of Hitler. Their 
bodies were immediately cremated, and the urns con- 
taining their ashes were returned to the camp. It 
was not contended by the defendants that this was 
other than plain murder, in complete violation of 
international law. 

When Allied airmen were forced to land in Ger- 
many they were sometimes killed at once by the 
civilian population. The police were instructed not 
to interfere with these killings, and the Ministry of 
Justice was informed that no one should be prose- 
cuted for taking part in them. 

The treatment of Soviet prisoners of war was 
characterized by particular inhumanity. The death 
of so many of them was not due merely to the action 
of individual guards, or to the exigencies of life in the 
camps. It was the result of systematic plans to 
murder. More than a month before the German 
invasion of the Soviet Union the OKW were making 
special plans for dealing with political representa- 
tives serving with the Soviet armed forces who might 
be captured. One proposal was that "political 
Commissars of the army are not recognized as 
prisoners of war, and are to be liquidated at the 
latest in the transient prisoner of war camps." The 
defendant Keitel gave evidence that instructions 
incorporating this proposal were issued to the Ger- 
man army. 

On the 8th September 1941, regulations for the 
treatment of Soviet prisoners of war in all prisoner 



269 

of war camps were issued, signed by General Reinecke, 
the head of the prisoner of war department of the 
high command. These orders stated: 

"The Bolshevist soldier has therefore lost all claim to 
treatment as an honorable opponent, in accordance with 
the Geneva Convention * * * The order for ruthless 
and energetic action must be given at the slightest indica- 
tion of insubordination, especially in the case of Bolshe- 
vist fanatics. Insubordination, active or passive resist- 
ance, must be broken immediately by force of arms (bayo- 
nets, butts, and firearms) * * * Anyone carrying out 
the order who does not use his weapons, or does so with 
insufficient energy, is punishable * * * Prisoners of 
war attempting escape are to be fired on without previous 
challenge. No warning shot must ever be fired * * * 
The use of arms against prisoners of war is as a rule legal." 

The Soviet prisoners of war were left without suitable 
clothing; the wounded without medical care; they 
were starved, and in many cases left to die. 

On the 17th July 1941, the Gestapo issued an 
order providing for the killing of all Soviet prisoners 
of war who were or might be dangerous to National 
Socialism. * * * 

In some cases Soviet prisoners of war were branded 
with a special permanent mark. There was put in 
evidence the OKW order dated the 20th July 1942, 
which laid down that: 

"The brand is to take the shape of an acute angle of about 45 
degrees, with the long side to be 1 cm. in length, pointing up- 
wards and burnt on the left buttock * * * This brand is 
made with the aid of a lancet available in any military unit. 
The coloring used is Chinese ink." 

The carrying out of this order was the responsibility 
of the military authorities, though it was widely 
circulated by the chief of the SIPO and the SD to 
German police officials for information. 

Soviet prisoners of war were also made the subject 
of medical experiments of the most cruel and in- 



270 

human kind. In July 1943, experimental work was 
begun in preparation for a campaign of bacteriological 
warfare; Soviet prisoners of war were used in these 
medical experiments, which more often than not 
proved fatal. In connection with this campaign for 
bacteriological warfare, preparations were also made 
for the spreading of bacterial emulsions from planes, 
with the object of producing widespread failures of 
crops and consequent starvation. These measures 
were never applied, possibly because of the rapid 
deterioration of Germany's military position. 

The argument in defense of the charge with regard 
to the murder and ill-treatment of Soviet prisoners 
of war, that the USSR was not a party to the Geneva 
Convention, is quite without foundation. On the 
15th September 1941, Admiral Canaris protested 
against the regulations for the treatment of Soviet 
prisoners of war, signed by General Reinecke on the 
8th September 1941. He then stated: 

"The Geneva Convention for the treatment of prisoners of 
war is not binding in the relationship between Germany and 
the USSR. Therefore only the principles of general inter- 
national law on the treatment of prisoners of war apply. Since 
the 18th century these have gradually been established along 
the lines that war captivity is neither revenge nor punishment, 
but solely protective custody, the only purpose of which is to 
prevent the prisoners of war from further participation in the 
war. This principle was developed in accordance with the 
view held by all armies that it is contrary to military tradition 
to kill or injure helpless people . . . The decrees for the 
treatment of Soviet prisoners of war enclosed are based on a 
fundamentally different view-point." 

This protest, which correctly stated the legal posi- 
tion, was ignored. The defendant Keitel made a 
note on this memorandum: 

"The objections arise from the military concept of chivalrous 
warfare. This is the destruction of an ideology. Therefore I 
approve and back the measures." 



271 



(B) MURDER AND ILL-TREATMENT OF CIVILIAN 

POPULATION 

Article 6 (b) of the Charter provides that "ill-treat- 
ment * * * of civilian population of or in occu- 
pied territory * * * killing of hostages * * * 
wanton destruction of cities, towns, or villages" shall 
be a war crime. In the main, these provisions are 
merely declaratory of the existing laws of war as ex- 
pressed by the Hague Convention, Article 46, which 
stated : 

"Family honor and rights, the lives of persons and private 
property, as well as religious convictions and practice, must be 
respected." 

The territories occupied by Germany were admin- 
istered in violation of the laws of war. The evidence 
is quite overwhelming of a systematic rule of violence, 
brutality, and terror. On the 7th December 1941, 
Hitler issued the directive since known as the "Nacht 
und Nebel Erlass" (night and fog decree), under 
which persons who committed offenses against the 
Reich or the German forces in occupied territories, 
except where the death sentence was certain, were 
to be taken secretly to Germany and handed over to 
the SIPO and SD for trial or punishment in Germany. 
This decree was signed by the defendant Keitel. 
After these civilians arrived in Germany, no word of 
them was permitted to reach the country from which 
they came, or their relatives ; even in cases when they 
died awaiting trial the families were not informed, 
the purpose being to create anxiety in the minds of 
the family of the arrested person. Hitler's purpose 
in issuing this decree was stated by the defendant 
Keitel in a covering letter, dated 12 December 1941, 
to be as follows : 

"Efficient and enduring intimidation can only be achieved 
either by capital punishment or by measures by which the rela- 



272 

tives of the criminal and the population do not know the fate of 
the criminal. This aim is achieved when the criminal is trans- 
ferred to Germany." 

Even persons who were only suspected of opposing 
any of the policies of the German occupation author- 
ities were arrested, and on arrest were interrogated 
by the Gestapo and the SD in the most shameful 
manner. On the 12th June 1942, the chief of the 
SIPO and SD published, through Mueller, the 
Gestapo chief, an order authorizing the use of "third 
degree" methods of interrogation, where preliminary 
investigation had indicated that the person could 
give information on important matters, such as 
subversive activities, though not for the purpose of 
extorting confessions of the prisoner's own crimes. 
This order provided: 

"* * * Third degree may, under this supposition, only be 
employed against Communists, Marxists, Jehovah's Witnesses, 
saboteurs, terrorists, members of resistance movements, para- 
chute agents, antisocial elements, Polish or Soviet Russian 
loafers or tramps; in all other cases my permission must first be 
obtained * * * Third degree can, according to circum- 
stances, consist amongst other methods of very simple diet 
(bread and water), hard bunk, dark cell, deprivation of sleep, 
exhaustive drilling, also in flogging (for more than twenty 
strokes a doctor must be consulted)." 

The brutal suppression of all opposition to the 
German occupation was not confined to severe meas- 
ures against suspected members of resistance move- 
ments themselves, but was also extended to their 
families. On the 19th July 1944, the commander of 
the SIPO and SD in the district of Radom, in 
Poland, published an order, transmitted through the 
higher SS and police leaders, to the effect that in all 
cases of assassination or attempted assassination of 
Germans, or where saboteurs had destroyed vital 
installations, not only the guilty person, but also 



273 

all his or her male relatives should be shot, and female 
relatives over 16 years of age put into a concentra- 
tion camp. * * * 

The practice of keeping hostages to prevent and to 
punish any form of civil disorder was resorted to by 
the Germans; an order issued by the defendant Keitel 
on the 16th September 1941, spoke in terms of fifty 
or a hundred lives from the occupied areas of the 
Soviet Union for one German life taken. The order 
stated that "it should be remembered that a human 
life in unsettled countries frequently counts for 
nothing, and a deterrent effect can be obtained only 
by unusual severity." The exact number of persons 
killed as a result of this policy is not known, but 
large numbers were killed in France and the other 
occupied territories in the west, while in the east the 
slaughter was on an even more extensive scale. In 
addition to the killing of hostages, entire towns were 
destroyed in some cases; such massacres as those of 
Oradour-sur-Glane in France and Lidice in Czecho- 
slovakia, both of which were described to the Tribunal 
in detail, are examples of the organized use of terror 
by the occupying forces to beat down and destroy all 
opposition to their rule. 

One of the most notorious means of terrorizing the 
people in occupied territories was the use of concen- 
tration camps. They were first established in Ger- 
many at the moment of the seizure of power by the 
Nazi Government. Their original purpose was to 
imprison without trial all those persons who were 
opposed to the Government, or who were in any way 
obnoxious to German authority. With the aid of a 
secret police force, this practice was widely extended, 
and in course of time concentration camps became 
places of organized and systematic murder, where 
millions of people were destroyed. 

In the administration of the occupied territories the 



274 

concentration camps were used to destroy all oppo- 
sition groups. The persons arrested by the Ges- 
tapo were as a rule sent to concentration camps. 
They were conveyed to the camps in many cases 
without any care whatever being taken for them, 
and great numbers died on the way. Those who 
arrived at the camp were subject to systematic 
cruelty. They were given hard physical labor, 
inadequate food, clothes, and shelter, and were 
subject at all times to the rigors of a soulless regime, 
and the private whims of individual guards. * * * 

A certain number of the concentration camps were 
equipped with gas chambers for the wholesale de- 
struction of the inmates, and with furnaces for the 
burning of the bodies. Some of them were, in fact, 
used for the extermination of Jews as part of the 
"final solution" of the Jewish problem. Most of the 
non-Jewish inmates were used for labor, although the 
conditions under which they worked made labor 
and death almost synonymous terms. Those in- 
mates who became ill and were unable to work were 
either destroyed in the gas chambers or sent to special 
infirmaries, where they were given entirely inade- 
quate medical treatment, worse food, if possible, than 
the working inmates, and left to die. 

The murder and ill-treatment of civilian popula- 
tions reached its height in the treatment of the 
citizens of the Soviet Union and Poland. * * * 

The foregoing crimes against the civilian popula- 
tion are sufficiently appalling, and yet the evidence 
shows that at any rate in the east, the mass murders 
and cruelties were not committed solely for the 
purpose of stamping out opposition or resistance to 
the German occupying forces. In Poland and the 
Soviet Union these crimes were part of a plan to 
get rid of whole native populations by expulsion and 
annihilation, in order that their territory could be 



275 

used for colonization by Germans. Hitler had 
written in "Mein Kampf" on these lines, and the 
plan was clearly stated by Himmler in July 1942, 
when he wrote: 

"It is not our task to Germanize the east in the old sense, that 
is to teach the people there the German language and the Ger- 
man law, but to see to it that only people of purely Germanic 
blood live in the east." 



(C) PILLAGE OF PUBLIC AND PRIVATE PROPERTY 

Article 49 of the Hague Convention provides that 
an occupying power may levy a contribution of 
money from the occupied territory to pay for the 
needs of the army of occupation, and for the ad- 
ministration of the territory in question. Article 52 
of the Hague Convention provides that an occupying 
power may make requisitions in kind only for the 
needs of the army of occupation, and that these 
requisitions shall be in proportion to the resources 
of the country. These Articles, together with Article 
48, dealing with the expenditure of money collected 
in taxes, and Articles S3, 55, and 56, dealing with 
public property, make it clear that under the rules 
of war, the economy of an occupied country can only 
be required to bear the expense of the occupation, 
and these should not be greater than the economy of 
the country can reasonably be expected to bear. 
Article 56 reads as follows: 

"The property of municipalities, of religious, charitable, 
educational, artistic, and scientiiic institutions, although be- 
longing to the State, is to be accorded the same standing as 
private property. All premeditated seizure, destruction or 
damage of such institutions, historical monuments, works of 
art, and science, is prohibited and should be prosecuted. " 

The evidence in this case has established, however, 
that the territories occupied by Germany were 



276 

exploited for the German war effort in the most 
ruthless way, without consideration of the local 
economy, and in consequence of a deliberate design 
and policy. There was in truth a systematic "plunder 
of public or private property," which was criminal 
under Article 6 (b) of the Charter. * * * 

(D) SLAVE LABOR POLICY 

Article 6 (b) of the Charter provides that the "ill- 
treatment or deportation to slave labor or for any 
other purpose, of civilian population of or in occupied 
territory" shall be a war crime. The laws relating 
to forced labor by the inhabitants of occupied terri- 
tories are found in Article 52 of the Hague Conven- 
tion, which provides: 

"Requisition in kind and services shall not be demanded from 
municipalities or inhabitants except for the needs of the army 
of occupation. They shall be in proportion to the resources of 
the country, and of such a nature as not to involve the inhabi- 
tants in the obligation of taking part in military operations 
against their own country." 

The policy of the German occupation authorities was 
in flagrant violation of the terms of this convention. 
Some idea of this policy may be gathered from the 
statement made by Hitler in a speech on November 
9, 1941 : * 

"The territory which now works for us contains more than 
250,000,000 men, but the territory which works indirectly for us 
includes now more than 350,000,000. In the measure in which 
it concerns German territory, the domain which we have taken 
under our administration, it is not doubtful that we shall succeed 
in harnessing the very last man to this work." 

The actual results achieved were not so complete as 
this, but the German occupation authorities did suc- 
ceed in forcing many of the inhabitants of the occu- 
pied territories to work for the German war effort, 



277 

and in deporting at least 5,000,000 person to Ger- 
many to serve German industry and agriculture. 

In the early stages of the war, manpower in the 
occupied territories was under the control of various 
occupation authorities, and the procedure varied 
from country to country. In all the occupied terri- 
tories compulsory labor service was promptly insti- 
tuted. Inhabitants of the occupied countries were 
conscripted and compelled to work in local occupa- 
tions, to assist the German war economy. In many 
cases they were forced to work on German fortifica- 
tions and military installations. As local supplies of 
raw materials and local industrial capacity became 
inadequate to meet the German requirements, the 
system of deporting laborers to Germany was put 
into force. By the middle of April 1940 compulsory 
deportation of laborers to Germany had been ordered 
in the Government General; and a similar procedure 
was followed in other eastern territories as they were 
occupied. * * * 

(E) PERSECUTION OF THE JEWS 

The persecution of the Jews at the hands of the 
Nazi Government has been proved in the greatest 
detail before the Tribunal. It is a record of consistent 
and systematic inhumanity on the greatest scale. 
Ohlendorf, chief of Amt III in the RSHA from 1939 
to 1943, and who was in command of one of the 
Einsatz groups in the campaign against the Soviet 
Union testified as to the methods employed in the 
extermination of the Jews. He said that he employed 
firing squads to shoot the victims in order to lessen 
the sense of individual guilt on the part of his men; 
and the 90,000 men, women, and children who were 
murdered in 1 year by his particular group were 
mostly Jews. 



278 

When the witness Bach-Zelewski was asked how 
Ohlendorf could admit the murder of 90,000 people, 
he replied: 

"I am of the opinion that when, for years, for decades, the 
doctrine is preached that the Slav race is an inferior race, and 
Jews not even human, then such an outcome is inevitable. ,, 

But the defendant Frank spoke the final words of 
this chapter of Nazi history when he testified in 
this court: 

"We have fought against Jewry; we have fought against it 
for years; and we have allowed ourselves to make utterances and 
my own diary has become a witness against me in this connec- 
tion — utterances which are terrible * * * .A thousand 
years will pass and this guilt of Germany will still not be 
erased." 

The anti-Jewish policy was formulated in point 
4 of the party program which declared, "Only a 
member of the race can be a citizen. A member of 
the race can only be one who is of German blood, 
without consideration of creed. Consequently, no 
Jew can be a member of the race." Other points of 
the program declared that Jews should be treated as 
foreigners, that they should not be permitted to hold 
public office, that they should be expelled from the 
Reich if it were impossible to nourish the entire 
population of the State, that they should be denied 
any further immigration into Germany, and that 
they should be prohibited from publishing German 
newspapers. The Nazi Party preached these doc- 
trines throughout its history. "Der Stuerner" and 
other publications were allowed to disseminate 
hatred of the Jews, and in the speeches and public 
declarations of the Nazi leaders, the Jews were held 
up to public ridicule and contempt. 

With the seizure of power, the persecution of the 
Jews was intensified. A series of discriminatory laws 
was passed, which limited the offices and professions 



279 

permitted to Jews; and restrictions were placed on 
their family life and their rights of citizenship. 
By the autumn of 1938, the Nazi policy toward the 
Jews had reached the stage where it was directed 
toward the complete exclusion of Jews from German 
life. Pogroms were organized, which included the 
burning and demolishing of synagogues, the looting 
of Jewish businesses, and the arrest of prominent 
Jewish businessmen. A collective fine of 1 billion 
marks was imposed on the Jews, the seizure of Jewish 
assets was authorized, and the movement of Jews 
was restricted by regulations to certain specified 
districts and hours. The creation of ghettoes was 
carried out on an extensive scale, and by an order of 
the security police Jews were compelled to wear a 
yellow star to be worn on the breast and back. 

It was contended for the prosecution that certain 
aspects of this anti-Semitic policy were connected 
with the plans for aggressive war. The violent 
measures taken against the Jews in November 1938 
were nominally in retaliation for the killing of an 
official of the German Embassy in Paris. But the 
decision to seize Austria and Czechoslovakia had 
been made a year before. The imposition of a fine of 
1 billion marks was made, and the confiscation of the 
financial holdings of the Jews was decreed, at a time 
when German armament expenditure had put the 
German treasury in difficulties, and when the reduc- 
tion of expenditure on armaments was being con- 
sidered. These steps were taken, moreover, with the 
approval of the defendant Goering, who had been 
given responsibility for economic matters of this 
kind, and who was the strongest advocate of an 
extensive rearmament program notwithstanding the 
financial difficulties. * * * 

The Nazi persecution of Jews in Germany before 
the war, severe and repressive as it was, cannot com- 



280 

pare, however, with the policy pursued during the 
war in the occupied territories. Originally the 
policy was similar to that which had been in force 
inside Germany. Jews were required to register, 
were forced to live in ghettoes, to wear the yellow 
star, and were used as slave laborers. In the sum- 
mer of 1941, however, plans were made for the "final 
solution" of the Jewish question in Europe. This 
"final solution" meant the extermination of the Jews, 
which early in 1939 Hitler had threatened would be 
one of the consequences of an outbreak of war, and a 
special section in the Gestapo under Adolf Eichmann, 
as head of section B-4. of the Gestapo, was formed to 
carry out the policy. 

The plan for exterminating the Jews was developed 
shortly after the attack on the Soviet Union. Ein- 
satzgruppen of the security police and SD, formed for 
the purpose of breaking the resistance of the popula- 
tion of the areas lying behind the German armies in 
the east, were given the duty of exterminating the 
Jews in those areas. The effectiveness of the work 
of the Einsatzgruppen is shown by the fact that in 
February 1942, Heydrich was able to report that 
Esthonia had already been cleared of Jews and that 
in Riga the number of Jews had been reduced from 
29,500 to 2,500. Altogether the Einsatzgruppen 
operating in the occupied Baltic States killed over 
135,000 Jews in 3 months. 

Nor did these special units operate completely 
independently of the German armed forces. There 
is clear evidence that leaders of the Einsatzgruppen 
obtained the cooperation of army commanders. In 
one case the relations between an Einsatzgruppe and 
the military authorities was described at the time as 
being "very close, almost cordial"; in another case 
the smoothness of an Einsatzcommando's operation 



281 

was attributed to the "understanding for this pro- 
cedure" shown by the army authorities. * * * 

(F) THE LAW RELATING TO WAR CRIMES AND 
CRIMES AGAINST HUMANITY 

[After quoting Article 6 (b) and (c) of the Charter, 
the Tribunal continued:] 

* * * The Tribunal is of course bound by the 
Charter, in the definition which it gives both of war 
crimes and crimes against humanity. With respect 
to war crimes, however, as has already been pointed 
out, the crimes defined by Article 6, section (b), of 
the Charter were already recognized as war crimes 
under international law. They were covered by 
Articles 46, 50, 52, and 56 of the Hague Convention 
of 1907, and Articles 2, 3, 4, 46, and 51 of the Geneva 
Convention of 1929. That violation of these pro- 
visions constituted crimes for which the guilty indi- 
viduals were punishabletis too well settled to admit 
of argument. 

But is is argued that the Hague Convention does 
not apply in this case, because of the "general par- 
ticipation" clause in Article 2 of the Hague Conven- 
tion of 1907. That clause provided: 

"The provisions contained in the regulations (rules of land 
warfare) referred to in Article I as well as in the present con- 
vention do not apply except between contracting powers, and 
then only if all the belligerents are parties to the convention." 

Several of the belligerents in the recent war were not 
parties to this convention. 

In the opinion of the Tribunal it is not necessary 
to decide this question. The rules of land warfare 
expressed in the convention undoubtedly represented 
an advance over existing international law at the 
time of their adoption. But the convention expressly 
stated that it was an attempt "to revise the general 
laws and customs of war," which it thus recognized 



282 

to be then existing, but by 1939 these rules laid down 
in the convention were recognized by all civilized 
nations, and were regarded as being declaratory of 
the laws and customs of war which are referred to in 
Article 6 (b) of the Charter. 

A further submission was made that Germany was 
no longer bound by the rules of land warfare in many 
of the territories occupied during the war, because 
Germany had completely subjugated those coun- 
tries and incorporated them into the German Reich, 
a fact which gave Germany authority to deal with 
the occupied countries as though they were part of 
Germany. In the view of the Tribunal it is unneces- 
sary in this case to decide whether this doctrine of 
subjugation, dependent as it is upon military con- 
quest, has any application where the subjugation is 
the result of the crime of aggressive war. The doc- 
trine was never considered to be applicable so long as 
there was an army in the fl^ld attempting to restore 
the occupied countries to their true owners, and in 
this case, therefore, the doctrine could not apply to 
any territories occupied after the 1st September 1939. 
As to the war crimes committed in Bohemia and 
Moravia, it is a sufficient answer that these territories 
were never added to the Reich, bur a mere protecto- 
rate was established over them. 

With regard to crimes against humanity, there is 
no doubt whatever that political opponents were 
murdered in Germany before the war, and that many 
of them were kept in concentration camps in circum- 
stances of great horror and cruelty. The policy of 
terror was certainly carried out on a vast scale, and 
in many cases was organized and systematic. The 
policy of persecution, repression, and murder of 
civilians in Germany before the war of 1939, who 
were likely to be hostile to the Government, was most 
ruthlessly carried out. The persecution of Jews 



283 

during the same period is established beyond all 
doubt. To constitute crimes against humanity, the 
acts relied on before the outbreak of war must have 
been in execution of, or in connection with, any crime 
within the jurisdiction of the Tribunal. The Tri- 
bunal is of the opinion that revolting and horrible 
as many of these crimes were, it has not been satis- 
factorily proved that they were done in execution of, 
or in connection with, any such crime. The Tri- 
bunal therefore cannot make a general declaration 
that the acts before 1939 were crimes against hu- 
manity within the meaning of the Charter, but 
from the beginning of the war in 1939 war crimes 
were committed on a vast scale, which were also 
crimes against humanity; and insofar as the inhumane 
acts charged in the indictment, and committed after 
the beginning of the war, did not constitute war 
crimes, they were all committed in execution of, or 
in connection with, the aggressive war, and therefore 
constituted crimes against humanity. 

The Accused Organizations 

[After referring to Articles 9 and 10 of the Charter, 
the Tribunal continued :] 

* * * The effect of the declaration of criminali- 
ty by the Tribunal is well illustrated by law No. 10 
of the Control Council of Germany passed on the 
20th day of December 1945, which provides: 

"Each of the following acts is recognized as a crime: 
***** 

"(d) Membership in categories of a criminal group or organi- 
zation declared criminal by the International Military Tribunal. 
***** 

"(3) Any person found guilty of any of the crimes above men- 
tioned may upon conviction be punished as shall be determined 

777534—48 19 



284 

by the Tribunal to be just. Such punishment may consist of 
one or more of the following: 

(a) Death. 

(b) Imprisonment for life or a term of years, with or without 
hard labor. 

(c) Fine, and imprisonment with or without hard labor, in 
lieu thereof." 

In effect, therefore, a member of an organization 
which the Tribunal has declared to be criminal may 
be subsequently convicted of the crime of member- 
ship and be punished for that crime by death. This 
is not to assume that international or military courts 
which will try these individuals will not exercise 
appropriate standards of justice. This is a far- 
reaching and novel procedure. Its application, un- 
less properly safeguarded, may produce great in- 
justice. 

Article 9, it should be noted, uses the words "The 
Tribunal may declare," so that the Tribunal is 
vested with discretion as to whether it will declare 
any organization criminal. This discretion is a 
judicial one and does not permit arbitrary action, 
but should be exercised in accordance with well- 
settled legal principles, one of the most important 
of which is that criminal guilt is personal, and that 
mass punishments should be avoided. If satisfied 
of the criminal guilt of any organization or group, 
this Tribunal should not hesitate to declare it to be 
criminal because the theory of "group criminality" 
is new, or because it might be unjustly applied by 
some subsequent tribunals. On the other hand, the 
Tribunal should make such declaration of criminality 
so far as possible in a manner to insure that innocent: 
persons will not be punished. 

A criminal organization is analogous to a criminal, 
conspiracy in that the essence of both is cooperation 
for criminal purposes. There must be a group- 



285 

bound together and organized for a common purpose. 
The group must be formed or used in connection 
with the commission of crimes denounced by the 
Charter. Since the declaration with respect to the 
organizations and groups will, as has been pointed 
out, fix the criminality of its members, that definition 
should exclude persons who had no knowledge of the 
criminal purposes or acts of the organization and 
those who were drafted by the State for member- 
ship, unless they were personally implicated in the- 
commission of acts declared criminal by Article 6 
of the Charter as members of the organization. 
Membership alone is not enough to come within the 
scope of these declarations. 

Since declarations of criminality which the Tri- 
bunal makes will be used by other courts in the trial 
of persons on account of their membership in the 
organizations found to be criminal, the Tribunal feels 
it appropriate to make the following recommenda- 
tions : 

1. That so far as possible throughout the four 
zones of occupation in Germany the classifications, 
sanctions, and penalties be standardized. Uniformity 
of treatment so far as practical should be a basic- 
principle. This does not, of course, mean that 
discretion in sentencing should not be vested in the 
court; but the discretion should be within fixed 
limits appropriate to the nature of the crime. 

2. Law No. 10, to which reference has already been 
made, leaves punishment entirely in the discretion 
of the trial court even to the extent of inflicting the 
death penalty. 

The de-Nazification law of March 5, 1946, how- 
ever, passed for Bavaria, Greater-Hesse, and Wuert- 
temberg-Baden, provides definite sentences for pun- 
ishment in each type of offense. The Tribunal 
recommends that in no case should punishment im— 



286 

posed under law No. 10 upon any members of an 
organization or group declared by the Tribunal to 
be criminal exceed the punishment fixed by the de- 
Nazification law. No person should be punished 
under both laws. 

3. The Tribunal recommends to the Control 
Council that law No. 10 be amended to prescribe 
limitations on the punishment which may be im- 
posed for membership in a criminal group or organiza- 
tion so that such punishment shall not exceed the 
punishment prescribed by the de-Nazification law. 

The indictment asks that the Tribunal declare 
to be criminal the following organizations: The 
Leadership Corps of the Nazi Tarty; the Gestapo; 
the SD; the SS; the SA; the Reich Cabinet, and the 
General Staff and High Command of the German 
Armed Forces. . . . 

(A) THE LEADERSHIP CORPS OF THE NAZI PARTY 

* * * Conclusion. — The Leadership Corps was 
used for purposes which were criminal under the Char- 
ter and involved the Germanization of incorporated 
territory, the persecution of the Jews, the administra- 
tion of the slave labor program, and the mistreatment 
of prisoners of war. The defendants Bormann and 
Sauckel, who were members of this organization, 
were among those who used it for these purposes. 
The Gauleiters, the Kreisleiters, and the Ortsgrup- 
penleiters participated, to one degree or another, in 
these criminal programs. The Reichsleitung as the 
staff organization of the party is also responsible 
for these criminal programs as well as the heads of 
the various staff organizations of the Gauleiters and 
Kreisleiters. The decision of the Tribunal on these 
staff organizations includes only the Amtsleiters who 
were heads of offices on the staffs of the Reichsleitung, 
Gauleitung, and Kreisleitung. With respect to other 



287 

staff officers and party organizations attached to the 
Leadership Corps other than the Amtsleiters referred 
to above, the Tribunal will follow the suggestion of the 
prosecution in excluding them from the declaration. 
The Tribunal declares to be criminal within the 
meaning of the Charter the group composed of those 
members of the Leadership Corps holding the posi- 
tions enumerated in the preceding paragraph who 
became or remained members of the organization with 
knowledge that it was being used for the commission 
of acts declared criminal by Article 6 of the Charter, 
or who were personally implicated as members of the 
organization in the commission of sucn crimes. The 
basis of this finding is the participation of the organi- 
zation in war crimes and crimes against humanity 
connected with the war; the group declared criminal 
cannot include, therefore, persons who had ceased 
to hold the positions enumerated in the preceding 
paragraph prior to 1 September 1939. 

(B) GESTAPO AND SD 

* * * Conclusion. — The Gestapo and SD were 
used for purposes which were criminal under the 
Charter involving the persecution and extermination 
of the Jews, brutalities and killings in concentration 
camps, excesses in the administration of occupied 
territories, the administration of the slave labor 
program, and the mistreatment and murder of pris- 
oners of war. The defendant Kaltenbrunner, who 
was a member of this organization, was among those 
who used it for these purposes. In dealing with the 
Gestapo the Tribunal includes all executive and 
administrative officials of Amt IV of the RSHA or 
concerned with Gestapo administration in other 
departments of the RSHA and all local Gestapo 
officials serving both inside and outside of Germany, 
including the members of the frontier police, but not 



288 

including the members of the border and customs 
protection or the secret field police, except such 
members as have been specified above. At the sug- 
gestion of the prosecution the Tribunal does not 
include persons employed by the Gestapo for purely 
clerical, stenographic, janitorial, or similar unofficial 
routine tasks. In dealing with the SD the Tribunal 
includes Amter III, VI, and VII of the RSHA and all 
other members of the SD, including all local repre- 
sentatives and agents, honorary or otherwise, whether 
they were technically members of the SS or not, but 
not including honorary informers who were not mem- 
bers of the SS, and members of the Abwehr who were 
transferred to the SD. 

The tribunal declares to be criminal within the 
meaning of the charter the group composed of those 
members of the Gestapo and SD holding the positions 
enumerated in the preceding paragraph who became 
or remained members of the organization with 
knowledge that it was being used for the commission 
of acts declared criminal by Article 6 of the Charter, 
or who were personally implicated as members of the 
organization in the commission of such crimes. The 
basis for this finding is the participation of the 
organization in war crimes and crimes against human- 
ity connected with the war; this group declared 
criminal cannot include, therefore, persons who had 
ceased to hold the positions enumerated in the pre- 
ceding paragraph prior to 1 September 1939. 

(c) the ss 

* * * Conclusions. — The SS was utilized for 
purposes which were criminal under the Charter 
involving the persecution and extermination of the 
Jews, brutalities and killings in concentration camps, 
excesses in the administration of occupied territories, 
the administration of the slave labor program and the 



289 

mistreatment and murder of prisoners of war. The 
defendant Kaltenbrunner was a member of the SS 
implicated in these activities. In dealing with the 
SS the Tribunal includes all persons who have been 
officially accepted as members of the SS including the 
members of the Allgemeine SS, members of the Waffen 
SS, members of the SS Totenkopf Verbaende and the 
members of any of the different police forces who were 
members of the SS. The Tribunal does not include 
the so-called SS riding units. The Sicherheitsdienst 
des Reichsfuehrer SS (commonly known as the SD) is 
dealt with in the Tribunal's judgment on the Gestapo 
and SD. 

The Tribunal declares to be criminal within the 
meaning of the Charter the group composed of those 
persons who had been officially accepted as members 
of the SS as enumerated in the preceding paragraph 
who became or remained members of the organiza- 
tion with knowledge that it was being used for the 
commission of acts declared criminal by Article 6 of 
the Charter, or who were personally implicated as 
members of the organization in the commission of 
such crimes, excluding, however, those who were 
drafted into membership by the State in such a way 
as to give them no choice in the matter, and who had 
committed no such crimes. The basis of this finding 
is the participation of the organization in war crimes 
.and 'crimes against humanity connected with the war; 
this group declared criminal cannot include, there- 
fore, persons who had ceased to belong to the organi- 
zations enumerated in the preceding paragraph prior 
to 1 September 1939. 

(D) THE SA 

* * Conclusion. — Until the purge beginning 
on June 30, 1934, the SA was a group composed in large 
part of ruffians and bullies who participated in the 



290 

Nazi outrages of that period. It has not been shown, 
however, that these atrocities were part of a specific 
plan to wage aggressive war, and the Tribunal there- 
fore cannot hold that theoe activities were criminal 
under the Charter. After the purge, the SA was 
reduced to the status of a group of unimportant Nazi 
hangers-on. Although in specific instances some units 
of the SA were used for the commission of war crimes 
and crimes against humanity, it cannot be said that 
its members generally participated in or even knew 
of the criminal acts. For these reasons, the Tribunal 
does not declare the SA to be a criminal organization 
within the meaning of Article 9 of the Charter. 

(E) THE REICH CABINET 

The prosecution has named as a criminal organiza- 
tion the Reich Cabinet (Die Reichsregierung) con- 
sisting of members of the ordinary cabinet after Jan- 
uary 30, 1933, members of the council of ministers for 
the defense of the Reich and members of the secret 
cabinet council. The Tribunal is of opinion that no 
declaration of criminality should be made with respect 
to the Reich Cabinet for two reasons: (1) Because it 
is not shown that after 1937 it ever really acted as a 
group or organization; (2) because the group of per- 
sons here charged is so small that members could be 
conveniently tried in proper cases without resort to 
a declaration that the Cabinet of which they were 
members was criminal. 

As to the first reason for our decision, it is to be 
observed that from the time that it can be said that 
a conspiracy to make aggressive war existed the 
Reich Cabinet did not constitute a governing body, 
but was merely an aggregation of administrative offi- 
cers subject to the absolute control of Hitler. Not a 
single meeting of the Reich Cabinet was held after 
1937, but laws were promulgated in the name of one 



291 

or more of the cabinet members. The Secret Cabinet 
Council never met at all. A number of the cabinet 
members were undoubtedly involved in the con- 
spiracy to make aggressive war; but they were in- 
volved as individuals, and there is no evidence that 
the cabinet as a group or organization took any part 
in these crimes. It will be remembered that when 
Hitler disclosed his aims of criminal aggression at the 
Hossbach Conference, the disclosure was not made 
before the cabinet and that the cabinet was not con- 
sulted with regard to it, but, on the contrary, that it 
was made secretly to a small group upon whom 
Hitler would necessarily rely in carrying on the war. 
Likewise no cabinet order authorized the invasion of 
Poland. On the contrary, the defendant Schacht 
testifies that he sought to stop the invasion by a plea 
to the commander in chief of the army that Hitler's 
order was in violation of the constitution because 
not authorized by the cabinet. 

It does appear, however, that various laws author- 
izing acts which were criminal under the Charter 
were circulated among the members of the Reich 
Cabinet and issued under its authority signed by the 
members whose departments were concerned. This 
does not, however, prove that the Reich Cabinet, 
after 1937, ever really acted as an organization. 

As to the second reason, it is clear that those mem- 
bers of the Reich Cabinet who have been guilty of 
crimes should be brought to trial; and a number ^g)f 
them are now on trial before the Tribunal. It is 
estimated that there are 48 members of the group, 
that 8 of these are dead and 17 are now on trial, leav- 
ing only 23 at the most, as to whom the declaration 
could have any importance. Any others who are 
guilty should also be brought to trial; but nothing 
would be accomplished to expedite or facilitate their 
trials by declaring the Reich Cabinet to be a criminal 



292 

organization. Where an organization with a large 
membership is used for such purposes, a declaration 
obviates the necessity of inquiring as to its criminal 
character in the later trial of members who are ac- 
cused of participating through membership in its 
criminal purposes and thus saves much time and 
trouble. There is no such advantage in the case of a 
small group like the Reich Cabinet. 

(F) GENERAL STAFF AND HIGH COMMAND 

The prosecution has also asked that the General 
Staff and High Command of the German armed 
forces be declared a criminal organization. The 
Tribunal believes that no declaration of criminality 
should be made with respect to the General Staff and 
High Command. The number of persons charged, 
while larger than that of the Reich Cabinet, is still so 
small that individual trials of these officers would 
accomplish the purpose here sought better than a 
declaration such as is requested. But a more com- 
pelling reason is that in the opinion of the Tribunal 
the General Staff and High Command is neither an 
"organization" nor a "group" within the meaning 
of those terms as used in Article 9 of the Charter. 

Some comment on the nature of this alleged group 
is requisite. According to the indictment and evi- 
dence before the Tribunal, it consists of approxi- 
mately 130 officers, living and dead, who at any 
ti£>\e during the period from February 1938, when 
Hitler reorganized the armed forces, and May 1945, 
when Germany surrendered, held certain positions 
in the military hierarchy. These men were high- 
ranking officers in the three armed services: OKH — 
army, OKM — navy, and OKL — air force. Above 
them was the over-all armed forces authority, 
OKW — high command of the German armed forces- 
with Hitler as the supreme commander. The officers 



293 

in the OKW, including defendant Keitel as chief of 
the high command, were in a sense Hitler's personal 
star!. In the larger sense they coordinated and 
directed the three services, with particular emphasis 
on the functions of planning and operations. 

The individual officers in this alleged group were, 
at one time or another, in one of four categories: 

(1) Commanders in chief of one of the three services; 

(2) chief of staff of one of the three services; (3) 
"Oberbefehlshabers," the field commanders in chief 
of one of the three services, which of course comprised 
by far the largest number of these persons; or (4) an 
OKW officer, of which there were three, defendants 
Keitel and Jodl, and the latter's deputy chief, Warli- 
mont. This is the meaning of the indictment in its 
use of the term "General Staff and High Command." 

The prosecution has here drawn the line. The 
prosecution does not indict the next level of the 
military hierarchy consisting of commanders of army 
corps, and equivalent ranks in the navy and air force, 
nor the level below, the division commanders or 
their equivalent in the other branches. And the staff 
officers of the four staff commands of OKW, OKH, 
OKM, and OKL are not included, nor are the trained 
specialists who were customarily called General Staff 
officers. 

In effect, then, those indicted as members are mili- 
tary leaders of the Reich of the highest rank. No 
serious effort was made to assert that they composed 
an "organization" in the sense of Article 9. The 
assertion is rather that they were a "group," which 
is a wider and more embracing term than "organiza- 
tion." , 

The Tribunal does not so find. According to the 
evidence, their planning at staff level, the constant 
conferences between staff officers and field com- 
manders, their operational technique in the field and 



294 

at headquarters was much the same as that of the 
armies, navies, and air forces of all other countries. 
The over-all effort of OKW at coordination and direc- 
tion could be matched by a similar, though not 
identical form of organization in other military forces, 
such as the Anglo-American Combined Chiefs of 
Staff. 

To derive from this pattern of their activities the 
existence of an association or group does not, in the 
opinion of the Tribunal, logically follow. On such a 
theory the top commanders of every other nation are 
just such an association rather than what they actu- 
ally are, an aggregation of military men, a number 
of individuals who happen at a given period of time 
to hold the high-ranking military positions. 

Much of the evidence and the argument has cen- 
tered around the question of whether membership in 
these organizations was or was not voluntary; in 
this case, it seems to the Tribunal to be quite beside 
the point. For this alleged criminal organization has 
one characteristic, a controlling one, which sharply 
distinguishes it from the other five indicted. When 
an individual became a member of the SS for instance, 
he did so, voluntarily or otherwise, but certainly 
with the knowledge that he was joining something. 
In the case of the General Staff and High Command, 
however, he could not know he was joining a group 
or organization for such organization did not exist 
except in the charge of the indictment. He knew 
only that he had achieved a certain high rank in one 
of the three services, and could not be conscious of 
the fact that- he was becoming a member of anything 
so tangible as a "group," as that word is commonly 
used. His relations with his brother officers in his 
own branch of the service and his association with 
those of the other two branches were, in general, 
like those of other services all over the world. 



295 

The Tribunal therefore does not declare the Gen- 
eral Staff and High Command to be a criminal 
organization. 

Although the Tribunal is of the opinion that the 
term "group" in Article 9 must mean something 
more than this collection of military officers, it has 
heard much evidence as to the participation of these 
officers in planning and waging aggressive war, and 
in committing war crimes and crimes against hu- 
manity. This evidence is, as to many of them, clear 
and convincing. 

They have been responsible in large measure for 
the miseries and suffering that have fallen on millions 
of men, women, and children. They have been a 
disgrace to the honorable profession of arms. With- 
out their military guidance the aggressive ambitions 
of Hitler and his fellow Nazis would have been aca- 
demic and sterile. Although they were not a group 
falling within the words of the Charter, they were 
certainly a ruthless military caste. The contem- 
porary German militarism flourished briefly with 
its recent ally, National Socialism, as well as or better 
than it had in the generations of the past. 

Many of these men have made a mockery of the 
soldier's oath of obedience to military orders. When 
it suits their defense they say they had to obey; 
when confronted with Hitler's brutal crimes, which 
are shown to have been within their general knowl- 
edge, they say they disobeyed. The truth is they 
actively participated in all these crimes, or sat silent 
and acquiescent, witnessing the commission of crimes 
on a scale larger and more shocking than the world 
has ever had the misfortune to know. This must 
be said. 

Where the facts warrant it, these men should be 
brought to trial so that thosejamong them who are 
guilty of these crimes should not escape punishment.. 



296 

The Accused Individuals 

Article 26 of the Charter provides that the judg- 
ment of theTribunal as to the guilt or innocence of 
any defendant shall give the reasons on which it is 
based. 

The Tribunal will now state those reasons in de- 
claring its judgment on such guilt or innocence. 
[The Tribunal's discussion of the cases 
against the individual defendants, except those 
against Doenitz and Raeder, is omitted.] 

Doenitz 

Doenitz is indicted on counts one, two, and three. 
In 1935 he took command of the first U-boat flotilla 
commissioned since 1918, became in 1936 Commander 
of the submarine arm, was made Vice Admiral in 
1940, Admiral in 1942, and on January 30, 1943 
Commander in Chief of the German Navy. On 1 
May 1945, he became the Head of State, succeeding 
Hitler. 

Crimes against peace. — Although Doenitz built and 
trained the German U-boat arm, the evidence does 
not show he was privy to the conspiracy to wage 
aggressive wars or that he prepared and initiated 
such wars. He was a line officer performing strictly 
tactical duties. He was not present at the impor- 
tant conferences when plans for aggressive wars 
were announced, and there is no evidence he was in- 
formed about the decisions reached there. Doenitz 
did, however, wage aggressive war within the mean- 
ing of that word as used by the Charter. Submarine 
warfare which began immediately upon the outbreak 
of war, was fully coordinated with the other branches 
of the Wehrmacht. It is clear that his U-boats, 
few in number at the time, were fully prepared to 
wage war. 



297 

It is true that until his appointment in January 
1943 as Commander in Chief he was not an "Ober- 
befehlshaber." But this statement under-estimates 
the importance of Doenitz' position. He was no 
mere army or division commander. The U-boat 
arm was the principal part of the German fleet and 
Doenitz was its leader. The High Seas Fleet made 
a few minor, if spectacular, raids during the early 
years of the war but the real damage to the enemy 
was done almost exclusively by his submarines as the 
millions of tons of allied and neutral shipping sunk 
will testify. Doenitz was solely in charge of this 
warfare. The naval war command reserved for it- 
self only the decision as to the number of submarines 
in each area. In the invasion of Norway, for ex- 
ample, Doenitz made recommendations in October 
1939 as to submarine bases, which he claims were no 
more than a staff study, and in March 1940 he made 
out the operational orders for the supporting U-boats 
as discussed elsewhere in this judgment. 

That his importance to the German war effort 
was so regarded is eloquently proved by Raeder's 
recommendation of Doenitz as his successor and his 
appointment by Hitler on 30 January 1943, as 
Commander in Chief of the Navy. Hitler too knew 
that submarine warfare was the essential part of 
Germany's naval warfare. 

From January 1943, Doenitz was consulted almost 
continuously by Hitler. The evidence was that they 
conferred on naval problems about 120 times during 
the course of the war. 

As late as April 1945, when he admits he knew 
the struggle was hopeless, Doenitz as its Commander 
in Chief urged the Navy to continue its fight. On 
1 May 1945, he became the Head of State and as 
such ordered the Wehrmacht to continue its war in 
the east, until capitulation on 9 May 1945. Doenitz 



298 

explained that his reason for these orders was to 
insure that the German civilian population might 
be evacuated and the army might make an orderly 
retreat from the east. 

In the view of the Tribunal, the evidence shows 
that Doenitz was active in waging aggressive war. 

War crimes. — Doenitz is charged with waging un- 
restricted submarine warfare contrary to the Naval 
Protocol of 1936, to which Germany acceded, and 
which reaffirmed the rules of submarine warfare laid 
down in the London Naval Agreement of 1930. 

The prosecution has submitted that on 3 Septem- 
ber 1939, the German U-boat arm began to wage 
unrestricted submarine warfare upon all merchant 
ships, whether enemy or neutral, cynically disre- 
garding the Protocol; and that a calculated effort 
was made throughout the war to disguise this prac- 
tice by making hypocritical references to international 
law and supposed violations by the Allies. 

Doenitz insists that at all times the Navy remained 
within the confines of international law and of the 
Protocol. He testified that when the war began, 
the guide to submarine warfare was the German 
prize ordinance taken almost literally from the 
Protocol, that pursuant to the German view, he 
ordered submarines to attack all merchant ships in 
convoy, and all that refused to stop or used their 
radio upon sighting a submarine. When his reports 
indicated that British merchant ships were being 
used to give information by wireless, were being 
armed, and were attacking submarines on sight, he 
ordered his submarines on 17 October 1939, to attack 
all enemy merchant ships without warning on the 
ground that resistance was to be expected. Orders 
already had been issued on 21 September 1939, to 
attack all ships, including neutrals, sailing at night 
without lights in the English Channel. 



299 

On 24 November 1939, the German Government 
issued a warning to neutral shipping that, owing to 
the frequent engagements taking place in the waters 
around the British Isles and the French coast be- 
tween U-boats and Allied merchant ships which 
were armed and had instructions to use those arms 
as well as to ram U-boats, the safety of neutral ships 
in those waters could no longer be taken for granted. 
On 1 January 1940, the German U-boat command, 
acting on the instructions of Hitler, ordered U-boats 
to attack all Greek merchant ships in the zone sur- 
rounding the British Isles which was banned by the 
United States to its own ships and also merchant ships 
of every nationality in the limited area of the Bristol 
Channel. Five days later, a further order was given 
to U-boats to "make immediately unrestricted use 
of weapons against all ships" in an area of the North 
Sea, the limits of which were defined. Finally on 
the 18th of January 1940, U-boats were authorized 
to sink, without warning, all ships "in those waters 
near the enemy coasts in which the use of mines 
can be pretended." Exceptions were to be made in 
the cases of United States, Italian, Japanese, and 
Soviet ships. 

Shortly after the outbreak of war the British 
Admiralty, in accordance with its Handbook of 
Instructions of 1938 to the merchant navy, armed 
its merchant vessels, in many cases convoyed them 
with armed escort, gave orders to send position 
reports upon sighting submarines, thus integrating 
merchant vessels into the warning network of naval 
intelligence. On 1 October 1939, the British Ad- 
miralty announced that British merchant ships had 
been ordered to ram U-boats if possible. 

In the actual circumstances of this case, the 
Tribunal is not prepared to hold Doenitz guilty for his 

777534 — 48 20 



300 

conduct of submarine warfare against British armed 
merchant ships. 

However, the proclamation of operational zones 
and the sinking of neutral merchant vessels which 
enter those zones presents a different question. 
This practice was employed in the war of 1914-18 
by Germany and adopted in retaliation by Great 
Britain. The Washington conference of 1922, the 
London Naval Agreement of 1930, and the protocol 
of 1936 were entered into with full knowledge that 
such zones had been employed in the First World 
War. Yet the protocol made no exception for 
operational zones. The order of Doenitz to sink 
neutral ships without warning when found within 
these zones was, therefore, in the opinion of the 
Tribunal, a violation of the protocol. 

It is also asserted that the German U-boat arm 
not only did not carry out the warning and rescue 
provisions of the protocol but that Doenitz delib- 
erately ordered the killing of survivors of ship- 
wrecked vessels, whether enemy or neutral. The 
prosecution has introduced much evidence surround- 
ing two orders of Doenitz, war order No. 154, issued 
in 1939, and the so-called "Laconia" order of 1942. 
The defense argues that these orders and the evi- 
dence supporting them do not show such a policy 
and introduced much evidence to the contrary. The 
Tribunal is of the opinion that the evidence does not 
establish with the certainty required that Doenitz 
deliberately ordered the killing of shipwrecked sur- 
vivors. The orders were undoubtedly ambiguous, 
and deserve the strongest censure. 

The evidence further shows that the rescue provi- 
sions were not carried out and that the defendant 
ordered that they should not be carried out. The 
argument of the defense is that the security of the 
submarine is, as the first rule of the sea, paramount 



301 

to rescue and that the development of aircraft made 
rescue impossible. This may be so, but the protocol 
is explicit. If the commander cannot rescue, then 
under its terms he cannot sink a merchant vessel 
and should allow it to pass harmless before his 
periscope. These orders, then, prove Doenitz is 
guilty of a violation of the protocol. 

In view of all of the facts proved and in particular 
of an order of the British Admiralty announced on 8 
May 1940, according to which all vessels should be 
sunk at night in the Skagerrak, and the answers to 
interrogatories by Admiral Nimitz stating that 
unrestricted submarine warfare was carried on in 
the Pacific Ocean by the United States from the 
first day that Nation entered the war, the sentence 
of Doenitz is not assessed on the ground of his 
breaches of the international law of submarine 
warfare. 

Doenitz was also charged with responsibility for 
Hitler's commando order of 18 October 1942. 
Doenitz admitted he received and knew of the order 
when he was flag officer of U-boats, but disclaimed 
responsibility. He points out that the order by its 
express terms excluded men captured in naval war- 
fare, that the navy had no territorial commands on 
land, and that submarine commanders would never 
encounter commandos. 

In one instance, when he was Commander in 
Chief of the Navy, in 1943, the members of the crew 
of an Allied motor torpedo boat were captured by 
German naval forces. They were interrogated for 
intelligence purposes on behalf of the local Admiral, 
and then turned over by his order to the SD and 
shot. Doenitz said that if they were captured by 
the Navy their execution was a violation of the 
commando order, that the execution was not an- 
nounced in the Wehrmacht communique, and that 



302 

he was never informed of the incident. He pointed 
out that the Admiral in question was not in his 
chain of command, but was subordinate to the 
Army general in command of the Norway occupa- 
tion. But Doenitz permitted the order to remain 
in full force when he became Commander in Chief, 
and to that extent he is responsible. 

Doenitz, in a conference of 11 December 1944, 
said, " 12,000 concentration camp prisoners will be 
employed in the shipyards as additional labor." 
At this time Doenitz had no jurisdiction over ship- 
yard construction, and claims that this was merely 
a suggestion at the meeting that the responsible 
officials do something about the production of ships, 
that he took no steps to get these workers since it 
was not a matter for his jurisdiction and that he does 
not know whether they ever were procured. He 
admits he knew of concentration camps. A man in 
his position must necessarily have known that 
citizens of occupied countries in large numbers were 
confined in the concentration camps. 

In 1945, Hitler requested the opinion of Jodl and 
Doenitz whether the Geneva Convention should be 
denounced. The notes of the meeting between the 
two military leaders on 20 February 1945, show that 
Doenitz expressed his view that the disadvantages 
of such an action outweighed the advantages. -The 
summary of Doenitz' attitude shown in the notes 
taken by an officer, included the following sentence: 

"It would be better to carry out the -measures considered 
necessary without warning, and at all costs to save face with 
the outer world." 

The prosecution insisted that "the measures" 
referred to meant the Convention should not be 
denounced, but should be broken at will. The 
defense explanation is that Hitler wanted to break 



303 

the Convention for two reasons: to take away from 
German troops the protection of the Convention, 
thus preventing them from continuing to surrender 
in large groups to the British and Americans; and 
also to permit reprisals against Allied prisoners of 
war because of Allied bombing raids. Doenitz 
claims that what he meant by "measures" were dis- 
ciplinary measures against German troops to prevent 
them from surrendering, and that his words had no 
reference to measures against the Allies; moreover, 
that this was merely a suggestion, and that in any 
event no such measures were ever taken, either 
against Allies or Germans. The Tribunal, however, 
does not believe this explanation. The Geneva 
Convention was not, however, denounced by Ger- 
many. The defense has introduced several affidavits 
to prove that British naval prisoners of war in camps 
under Doenitz' jurisdiction were treated strictly 
according to the Convention, and the Tribunal 
takes this fact into consideration, regarding it as a 
mitigating circumstance. 

Conclusion. — The Tribunal finds Doenitz is not 
guilty on count one of the indictment, and is guilty 
on counts two and three. 

RAEDER 

Raeder is indicted on counts one, two, and three. 
In 1928 he became Chief of Naval Command and in 
1935 Oberbefehlshaber der Kriegsmarine (OKM); 
in 1939 Hitler made him Gross Admiral. He was a 
member of the Reich Defense Council. On 30 
January 1943, Doenitz replaced him at his own re- 
quest, and he became Admiral Inspector of the 
Navy, a nominal title. 

Crimes against peace. — In the IS years he com- 
manded it, Raeder built and directed the German 
Navy; he accepts full responsibility until retirement 



304 

in 1943. He admits the navy violated the Versailles 
Treaty, insisting it was "a matter of honor for every 
man" to do so, and alleges that the violations were 
for the most part minor, and Germany built less than 
her allowable strength. These violations, as well 
as those of the Anglo-German Naval Agreement of 
1935, have already been discussed elsewhere in this 
judgment. 

Raeder received the directive of 24 June 1937, 
from von Blomberg, requiring special preparations 
for war against Austria. He was one of the five 
leaders present at the Hossbach Conference of 5 
November 1937. He claims Hitler merely wished 
by this conference to spur the army to faster re- 
armament, insists he believed the questions of Austria 
and Czechoslovakia would be settled peacefully, as 
they were, and points to the new Naval treaty with 
England which had just been signed. He received 
no orders to speed construction of U-boats, indicating 
that Hitler was not planning war. 

Raeder received directives on "Fall Gruen" and 
the directives on "Fall Weiss" beginning with that 
of 3 April 1939; the latter directed the navy to 
support the army by intervention from the sea. He 
was also one of the few chief leaders present at the 
meeting of 23 May 1939. He attended the Ober- 
salzburg briefing of 22 August 1939. 

The conception of the invasion of Norway first 
arose in the mind of Raeder and not that of Hitler. 
Despite Hitler's desire, as shown by his directive 
of October 1939, to keep Scandinavia neutral, the 
Navy examined the advantages of naval bases there 
as early as October. Admiral Karls originally sug- 
gested to Raeder the desirable aspects of bases in 
Norway. A questionnaire, dated 3 October 1939, 
which sought comments on the desirability of such 
bases, was circulated within SKL. On 10 October, 



305 

Raeder discussed the matter with Hitler; his war 
diary entry for that day says Hitler intended to give 
the matter consideration. A few months later 
Hitler talked to Raeder, Quisling, Keitel, and Jodl;. 
OKW began its planning and the Naval War Staff 
worked with OKW staff officers. Raeder received 
Keitel's directive for Norway on 27 January 1940, 
and the subsequent directive of 1 March, signed 
by Hitler. 

Raeder defends his actions on the ground it was a 
move to forestall the British. It is not necessary 
again to discuss this defense, which has heretofore 
been treated in some detail, concluding that Ger- 
many's invasion of Norway and Denmark was 
aggressive war. In a letter to the Navy, Raeder 
said: "The operations of the Navy in the occupation 
of Norway will for all time remain the great contri- 
bution of the Navy to this war." 

Raeder received the directives, including the in- 
numerable postponements, for the attack in the west. 
In a meeting of 18 March 1941 with Hitler he urged 
the occupation of all Greece. He claims this was 
only after the British had landed and Hitler had 
ordered the attack, and points out the navy had no 
interest in Greece. He received Hitler's directive 
on Yugoslavia. 

Raeder endeavored to dissuade Hitler from em- 
barking upon the invasion of the USSR. In Septem- 
ber 1940 he urged on Hitler an aggressive Mediterra- 
nean policy as an alternative to an attack on Russia. 
On 14 November 1940, he urged the war against Eng- 
land "as our main enemy" and that submarine and 
naval air force construction be continued. He voiced 
"serious objections against the Russian campaign 
before the defeat of England," according to notes of 
the German naval war staff. He claims his objec- 
tions were based on the violation of the Non-Aggres- 



306 

sion Pact as well as strategy. But once the decision 
had been made, he gave permission 6 days before 
the invasion of the Soviet Union to attack Russian 
submarines in the Baltic Sea within a specified warn- 
ing area and defends this action because these sub- 
marines were "snooping" on German activities. 

It is clear from this evidence that Raeder partici- 
pated in the planning and waging of aggressive war. 

War crimes. — Raeder is charged with war crimes 
on the high seas. The Athenia, an unarmed British 
passenger liner, was sunk on 3 September 1939, while 
outward bound to America. The Germans 2 months 
later charged that Mr. Churchill deliberately sank 
the Athenia to encourage American hostility to 
Germany. In fact, it was sunk by the German 
U-boat 30. Raeder claims that an inexperienced 
U-boat commander sank it in mistake for an armed 
merchant cruiser, that this was not known until the 
U-30 returned several weeks after the German denial 
and that Hitler then directed the Navy and Foreign 
Office to continue denying it. Raeder denied knowl- 
edge of the propaganda campaign attacking Mr. 
Churchill. The most serious charge against Raeder 
is that he carried out unrestricted submarine warfare, 
including sinking of unarmed merchant ships, of 
neutrals, nonrescue and machine-gunning of sur- 
vivors, contrary to the London Protocol of 1936. 
The Tribunal makes the same finding on Raeder on 
this charge as it did as to Doenitz, which has already 
been announced, up until 30 January 1943, when 
Raeder retired. 

The commando order of 18 October 1942, which 
expressly did hot apply to naval warfare, was trans- 
mitted by the Naval War Staff to the lower naval 
commanders with the direction it should be distrib- 



307 

uted orally by flotilla leaders and section commanders 
to their subordinates. Two commandos were put to 
death by the Navy, and not by the SD, at Bordeaux 
on 10 December 1942. The comment of the Naval 
War Staff was that this was "in accordance with the 
Fuehrer's special order, but is nevertheless something 
new in international law, since the soldiers were in 
uniform." Raeder admits he passed the order down 
through the chain of command, and he did not 
object to Hitler. 

Conclusion. — The Tribunal finds that Raeder is 
guilty on counts one, two, and three. * * * 

1 October 1946 

/s/ Geoffrey Law- /s/ Nikitchenko 

rence, President /s/ Norman Birkett 

/s/ Francis Biddle /s/ John J. Parker 

/s/ H. Donnedieu De /s/ R. Falco 

Vabres /s/ A. Volchkov 

Dissenting Opinion 

The Tribunal decided : 

(a) To acquit the defendants Hjalmar Schacht, 
Franz von Papen, and Hans Fritzsche. 

(b) To sentence the defendant Rudolf Hess to 
life imprisonment. 

(c) Not to declare .criminal the following organi- 
zations : the Reich Cabinet, General Staff and OKW. 

In this respect I cannot agree with the decision 
adopted by the Tribunal as it does not correspond 
to the facts of the case and is based on incorrect 
conclusions. . . . 

Soviet Member IMT, Major General Jurispru- 
dence. 

[signed] I. T. Nikitchenko. 

1 October 1946. 



308 



(21) Tabulation of Nurnberg Sentences — Individual 

Defendants 



Sentence 



Hermann Goering 

Rudolf Hess 

Joachim von Ribbentrop 

Wilhelm Keitel 

Ernst Kaltenbrunner 

Alfred Rosenberg 

Hans Frank 

Wilhelm Frick 

Julius Streicher 

Walther Funk 

Hjalmar Schacht 

Karl Doenitz 

Erich Raeder 

Baldur von Schirach 

Fritz Sauckel 

Alfred Jodl 

Martin Bormann 

Franz von Papen 

Arthur Seyss-Inquart 

Albert Speer 

Constantin von Neurath. 
Hans Fritzsche 



Count 
1 


Count 
2 


Count 
3 


Count 
4 


C 


c 


C 


C 


C 


c 


A 


A 


c 


c 


C 


C 


c 


c 


C 


C 


A 




C 


C 


C 


c 


C 


C 


A 




C 


C 


A 


c 


C 


C 


A 
A 






C 
C 


c 


C 


A 
A 


A 
C 






C 




C 


C 


C 




A 






C 


A 


A 


C 


C 


C 


C 


C 


C 


A 




c 


C 


A 
A 


A 
C 






c 


C 


A 


A 


c 


C 


C 


C 


c 


C 


A 




A 


A 



Hanging. 

Life. 

Hanging. 

Hanging. 

Hanging. 

Hanging. 

Hanging. 

Hanging. 

Hanging. 

Life. 

Acquitted. 

10 Years. 

Life. 

20 Years. 

Hanging. 

Hanging. 

Hanging. 

Acquitted. 

Hanging. 

20 Years. 

15 Years. 

Acquitted. 



A = acquitted. 
C = convicted. 

Indicted Groups and Organizations 

Reich Cabinet Not criminal. 

Leadership Corps of the Nazi Party Criminal in part. 

SS {Schutzstaffeln), including SD (Sicherheitsdienst) Criminal. 

SA (Sturmabteilung) Not criminal. 

Gestapo {Geheime Staatspolizei) Criminal. 

General Staff and High Command of the Armed Forces Not criminal. 

(22) Resolution of the General Assembly of the United 
Nations, 11 December 1946 

(Journal of the United Nations, No. 58, Supplement A, p. 485) 

The General Assembly, 

Recognizes the obligation laid upon it by Article 
13, paragraph 1, sub-paragraph a of the Charter, to 



309 

initiate studies and make recommendations for the 
purpose of encouraging the progressive development 
of international law and its codification; 

Takes note of the agreement for the establishment 
of an International Military Tribunal for the prose- 
cution and punishment of the major war criminals 
of the European Axis, signed in London on 8 August 
1945, and of the Charter annexed thereto, and of the 
fact that similar principles have been adopted in 
the Charter of the International Military Tribunal 
for the trial of the major war criminals in the Far 
East, proclaimed at Tokyo on 19 January 1946; 

Therefore, 

Affirms the principles of international law recog- 
nized by the Charter of the Niirnberg Tribunal and 
the judgment of the Tribunal; 

Directs the Committee on the codification of 
international law established by the resolution of the 
General Assembly of 11 December 1946, to treat as a 
matter of primary importance plans for the formula- 
tion, in the context of a general codification of 
offences against the peace and security of mankind, 
or of an International Criminal Code, of the princi- 
ples recognized in the Charter of the Niirnberg 
Tribunal and in the judgment of the Tribunal. 



(23) Control Council for Germany Law No. 10, 20 Decem- 
ber 1945 

(Official Gazette of the Control Council for Germany, No. 3, p. 12) 

Punishment of Persons Guilty of War Crimes, 
Crimes Against Peace and Against Humanity 

In order to give effect to the terms of the Moscow 
Declaration of 30 October 1943 and the London 
Agreement of 8 August 1945, and the Charter issued 
pursuant thereto and in order to establish a uniform 



310 

legal basis in Germany for the prosecution of war 
criminals and other similar offenders, other than 
those dealt with by the International Military 
Tribunal, 

The Control Council enacts as follows: 
Article I. — The Moscow Declaration of 30 Octo- 
ber 1943 "Concerning Responsibility of Hitlerites 
for Committed Atrocities" and the London Agree- 
ment of 8 August 1945 "Concerning Prosecution and 
Punishment of Major War Criminals of the European 
Axis" are made integral parts of this Law. Adher- 
ence to the provisions of the London Agreement by 
any of the United Nations, as provided for in Article 
V of that Agreement, shall not entitle such Nation 
to participate or interfere in the operation of this 
Law within the Control Council area of authority in 
Germany. 

Article II. — 1. Each of the following acts is 
recognized as a crime: 

(a) Crimes Against Peace. — Initiation of invasions 
of other countries and wars of aggression in violation 
of international laws and treaties, including but not 
limited to planning, preparation, initiation or waging 
a war of aggression, or a war of violation of inter- 
national treaties, agreements or assurances, or parti- 
cipation in a common plan or conspiracy for the 
accomplishment of any of the foregoing. 

(b) War Crimes. — Atrocities or offenses against 
persons or property constituting violations of the 
laws or customs of war, including but not limited to 
murder, ill treatment or deportation to slave labour, 
or for any other purpose, of civilian population from 
occupied territory, murder or ill treatment of pris- 
oners of war or persons on the seas, killing of hostages,, 
plunder of public or private property, wanton de- 
struction of cities, towns or villages, or devastation 
not justified by military necessity. 



311 

(c) Crimes Against Humanity. — Atrocities and of- 
fenses, including but not limited to murder, extermi- 
nation, enslavement, deportation, imprisonment, 
torture, rape, or other inhumane acts committed 
against any civilian population, or persecutions on 
political, racial or religious grounds whether or not 
in violation of the domestic laws of the country where 
perpetrated. 

(d) Membership in categories of a criminal group 
or organization declared criminal by the International 
Military Tribunal. 

2. Any person, without regard to nationality or 
the capacity in which he acted, is deemed to have 
committed a crime as defined in paragraph 1 of this 
Article, if he 

(a) was a principal or 

(b) was an accessory to the commission of any 
such crime or ordered or abetted the same or 

(c) took a consenting part therein or 

(d) was connected with plans or enterprises in- 
volving its commission or 

(e) was a member of any organization or group 
connected with the commission of any such crime or 

(/) with reference to paragraph 1(a), if he held a 
high political, civil or military (including General 
Staff) position in Germany or in one of its Allies, 
cobelligerents or satellites or held high position in 
the financial, industrial or economic life of any such 
country. 

3. Any person found guilty of any of the Crimes 
above mentioned may upon conviction be punished 
as shall be determined by the tribunal to be just. 
Such punishment may consist of one or more of the 
following : 

(a) Death. 

(b) Imprisonment for life or a term of years, with 
or without hard labour. 



312 

(c) Fine, and imprisonment with or without hard 
labour, in lieu thereof. 

(d) Forfeiture of property. 

(e) Restitution of property wrongfully acquired. 
(/) Deprivation of some or all civil rights. 

Any property declared to be forfeited or the resti- 
tution of which is ordered by the Tribunal shall be 
delivered to the Control Council for Germany, which 
shall decide on its disposal. 

4. (a) The official position of any person, whether 
as Head of State or as a responsible official in a 
Government Department, does not free him from 
responsibility for a crime or entitle him to mitiga- 
tion of punishment. 

(b) The fact that any person acted pursuant to 
the order of his Government or of a superior does 
not free him from responsibility for a crime, but 
may be considered in mitigation. 

5. In any trial or prosecution for a crime herein 
referred to, the accused shall not be entitled to the 
benefits of any statute of limitation in respect of 
the period from 30 January 1933 to 1 July 1945, nor 
shall any immunity, pardon or amnesty granted 
under the Nazi regime be admitted as a bar to trial 
or punishment. 

Article III. — 1. Each occupying authority, with- 
in its Zone of occupation, 

(a) shall have the right to cause persons within 
such Zone suspected of having committed a crime, 
including those charged with crime by one of the 
United Nations, to be arrested and shall take under 
control the property, real and personal, owned or 
controlled by the said persons, pending decisions as 
to its eventual disposition. 

(b) shall report to the Legal Directorate the names 
of all suspected criminals, the reasons for and the 



313 

places of their detention, if they are detained, and 
the names and location of witnesses. 

(c) shall take appropriate measures to see that 
witnesses and evidence will be available when re- 
quired. 

(d) shall have the right to cause all persons so 
arrested and charged, and not delivered to another 
authority, as herein provided, or released, to be 
brought to trial before an appropriate tribunal. Such 
tribunal may, in the case of crimes committed by 
persons of German citizenship or nationality against 
other persons of German citizenship or nationality 
or stateless persons, be a German Court, if authorized 
by the occupying authorities. 

2. The tribunal by which persons charged with 
ofTenses hereunder shall be tried and the rules and 
procedure thereof shall be determined or designated 
by each Zone Commander for his respective Zone. 
Nothing herein is intended to, or shall impair or 
limit the jurisdiction or power of any court or tribunal 
now or hereafter established in any Zone by the 
Commander thereof, or of the International Military 
Tribunal established by the London Agreement of 8 
August 1945. 

3. Persons wanted for trial by an International 
Military Tribunal will not be tried without the con- 
sent of the Committee of Chief Prosecutors. Each 
Zone Commander will deliver such persons who are 
within his Zone to that committee upon request and 
will make witnesses and evidence available to it. 

4. Persons known to be wanted for trial in another 
Zone or outside Germany will not be tried prior to 
decision under Article IV unless the fact of their 
apprehension has been reported in accordance with 
Section 1 (b) of this Article, three months have 
elapsed thereafter, and no request for delivery of the 



314 

type contemplated by Article IV has been received 
by the Zone Commander concerned. 

5. The execution of death sentences may be 
deferred by not to exceed one month after the sen- 
tence has become final when the Zone Commander 
concerned has reason to believe that the testimony 
of those under sentence would be of value in the 
investigation and trial of crimes within or without 
his Zone. 

6. Each Zone Commander will cause such effect to 
be given to the judgment of courts of competent 
jurisdiction, with respect to the property taken 
under his control pursuant hereto, as he may deem 
proper in the interest of justice. 

Article IV. — 1. When any person in a Zone in 
Germany is alleged to have committed a crime, as 
denned in Article II, in a country other than Ger- 
many or in another Zone, the government of that 
nation or the Commander of the latter Zone, as the 
case may be, may request the Commander of the 
Zone in which the person is located for his arrest and 
delivery for trial to the country or Zone in which the 
crime was committed. 

Such request for delivery shall be granted by the 
Commander receiving it unless he believes such 
person is wanted for trial or as a witness by an Inter- 
national Military Tribunal, or in Germany, or in a 
nation other than the one making the request, or the 
Commander is not satisfied that delivery should be 
made, in any of which cases he shall have the right to 
forward the said request to the Legal Directorate of 
the Allied Control Authority. A similar procedure 
shall apply to witnesses, material exhibits and other 
forms of evidence. 

2. The Legal Directorate shall consider all requests 
referred to it, and shall determine the same in 



315 

accordance with the following principles, its deter- 
mination to be communicated to the Zone Com- 
mander. 

{a) A person wanted for trial or as a witness by an 
International Military Tribunal shall not be delivered 
for trial or required to give evidence outside Ger- 
many, as the case may be, except upon approval by 
the Committee of Chief Prosecutors acting under the 
London Agreement of 8 August 1945. 

(b) A person wanted for trial by several authorities 
(other than an International Military Tribunal) 
shall be disposed of in accordance with the following 
priorities : 

(1) If wanted for trial in the Zone in which he is, 
he should not be delivered unless arrangements are 
made for his return after trial elsewhere; 

(2) If wanted for trial in a Zone other than that 
in which he is, he should be delivered to that Zone 
in preference to delivery outside Germany unless 
arrangements are made for his return to that Zone 
after trial elsewhere; 

(3) If wanted for trial outside Germany by two or 
more of the United Nations, of one of which he is a 
citizen, that one should have priority; 

(4) If wanted for trial outside Germany by several 
countries, not all of which are United NationSj 
United Nations should have priority; 

(5) If wanted for trial outside Germany by two or 
more of the United Nations, then, subject to Article 
IV 2 b) 3) above, that which has the most serious 
charges against him, which are moreover supported 
by evidence, should have priority. 

Article V. — The delivery, under Article IV of this 
law, of persons for trial shall be made on demands of 
the Governments or Zone Commanders in such a 
manner that the delivery of criminals to one jurisdic- 

777534—48 21 



316 

tion will not become the means of defeating or un- 
necessarily delaying the carrying out of justice in 
another place. 

If within six months the delivered person has not 
been convicted by the Court of the Zone or country 
to which he has been delivered, then such person shall 
be returned upon demand of the Commander of the 
Zone where the person was located prior to delivery. 

Done at Berlin, 20 December 1945. 

Joseph T. McNarney, 

General. 
B. L. Montgomery, 

Field Marshal. 

L. KOELTZ 

General de Corps d'Armee, 
for P. Koenig > 

General de Corps d? Arm'ee, 
G. Zhukov, 
Marshal of the Soviet Union. 






TRIALS IN THE FAR EAST 

Note. The Charter of the International Military Tribunal for the Far East 
was approved by the Supreme Commander for the Allied Powers on 19 January 
1946; following a policy decision taken by the Far Eastern Commission on 3 
April 1946 (16 Department of State Bulletin 804), it was amended by the 
Supreme Commander on 26 April 1946. Its text follows quite closely that of the 
Charter of the International Military Tribunal of 8 August 1945. Twenty- 
eight Japanese were later indicted before the Tribunal on one or more of fifty-five 
counts. Department of State Publication 2613. Various trials were also 
conducted before national tribunals in the Far East. 

(24) Proclamation by the Supreme Commander for the 
Allied Powers, Tokyo, 19 January 1946 

(Treaties and Other International Acts Series 1589) 

Whereas, the United States and the Nations allied 
therewith in opposing the illegal wars of aggression of 
the Axis Nations, have from time to time made 
declarations of their intentions that war criminals 
should be brought to justice; 

Whereas, the Governments of the Allied Powers at 
war with Japan on the 26th July 1945 at Potsdam, 
declared as one of the terms of surrender that stern 
justice shall be meted out to all war criminals in- 
cluding those who have visited cruelties upon our 
prisoners; 

Whereas, by the Instrument of Surrender of Japan 
executed at Tokyo Bay, Japan, on the 2nd Septem- 
ber, 1945, the signatories for Japan, by command of 
and in behalf of the Emperor and the Japanese 
Government, accepted the terms set forth in such 
Declaration at Potsdam; 

Whereas, by such Instrument of Surrender, the 
authority of the Emperor and the Japanese Govern- 
ment to rule the state of Japan is made subject to the 
Supreme Commander for the Allied Powers, who is 
authorized to take such steps as he deems proper to 
effectuate the terms of surrender; 

Whereas, the undersigned has been designated by 

317 



318 

the Allied Powers as Supreme Commander for the 
Allied Powers to carry into effect the general sur- 
render of the Japanese armed forces; 

Whereas, the Governments of the United States, 
Great Britain and Russia at the Moscow Conference, 
26th December 194S, having considered the effectu- 
ation by Japan of the Terms of Surrender, with the 
concurrence of China have agreed that the Supreme 
Commander shall issue all Orders for the implementa- 
tion of the Terms of Surrender. 

Now, therefore, I, Douglas MacArthur, as Supreme 
Commander for the Allied Powers, by virtue of the 
authority so conferred upon me, in order to imple- 
ment the Term of Surrender which requires the 
meting out of stern justice to war criminals, do order 
and provide as follows: 

Article 1. — There shall be established an Inter- 
national Military Tribunal for the Far East for the 
trial of those persons charged individually, or as 
members of organizations, or in both capacities, with 
offenses which include crimes against peace. 

Article 2. — The Constitution, jurisdiction and 
functions of this Tribunal are those set forth in the 
Charter of the International Military Tribunal for the 
Far East, approved by me this day. 

Article 3. — Nothing in this Order shall prejudice 
the jurisdiction of any other international, national 
or occupation court, commission or other tribunal 
established or to be established in Japan or in any 
territory of a United Nation with which Japan has 
been at war, for the trial of war criminals. 

Given under my hand at Tokyo, this 19th day of 
January, 1946. 

Douglas MacArthur, 
General of the Army, United States Army 
Supreme Commander for the Allied Powers. 



319 

(25) Charter of the International Military Tribunal for 
the Far East, Tokyo, 19 January 1946.* 

(Treaties and Other International Acts Series 1589.) 

Section I. Constitution of Tribunal 

Article 1. Tribunal Established. — The Interna- 
tional Military Tribunal for the Far East is hereby 
established for the just and prompt trial and punish- 
ment of the major war criminals in the Far East. 
The permanent seat of the Tribunal is in Tokyo. 

Article 2. Members, — The Tribunal shall consist 
of not less than six members nor more than eleven 
members, appointed by the Supreme Commander for 
the Allied Powers from the names submitted by the 
Signatories to the Instrument of Surrender, India, 
and the Commonwealth of the Philippines. 

Article 3. Officers and Secretariat. 

a. President. — The Supreme Commander for the 
Allied Powers shall appoint a Member to be President 
of the Tribunal. 

b. Secretariat. 

(1) The Secretariat of the Tribunal shall be com- 
posed of a General Secretary to be appointed by the 
Supreme Commander for the Allied Powers and such 
assistant secretaries, clerks, interpreters, and other 
personnel as may be necessary. 

(2) The General Secretary shall organize and direct 
the work of the Secretariat. 

(3) The Secretariat shall receive all documents 
addressed to the Tribunal, maintain the records of 
the Tribunal, provide necessary clerical services to 
the Tribunal and its members, and perform such 
other duties as may be designated by the Tribunal. 

*The text embodies the amendments introduced on 26 April 1946. 



320 

Article 4. Convening and Quorum, Voting, and 
Absence. 

a. Convening and Quorum. When as many as six 
members of the Tribunal are present, they may con- 
vene the Tribunal in formal session. The presence 
of a majority of all members shall be necessary to 
constitute a quorum. 

b. Voting. All decisions and judgments of this 
Tribunal, including convictions and sentences, shall 
be by a majority vote of those members of the Tri- 
bunal present. In case the votes are evenly divided, 
the vote of the President shall be decisive. 

c. Absence. If a member at any time is absent and 
afterwards is able to be present, he shall take part in 
all subsequent proceedings; unless he declares in open 
court that he is disqualified by reason of insufficient 
familiarity with the proceedings which took place in 
his absence. 

Section II. Jurisdiction and General Provisions 

Article 5. Jurisdiction Over Persons and Of- 
fenses. — The Tribunal shall have the power to try 
and punish Far Eastern war criminals who as indi- 
viduals or as members of organizations are charged 
with offenses which include Crimes against Peace. 
The following acts, or any of them, are crimes coming 
within the jurisdiction of the Tribunal for which 
there shall be individual responsibility: 

a. Crimes against Peace: Namely, the planning, 
preparation, initiation or waging of a declared or 
undeclared war of aggression, or a war in violation 
of international law, treaties, agreements or assur- 
ances, or participation in a common plan or conspir- 
acy for the accomplishment of any of the foregoing; 

b. Conventional War Crimes: Namely, violations 
of the laws or customs of war; 

c. Crimes against Humanity: Namely, murder, ex- 



321 

termination, enslavement, deportation, and other in- 
humane acts committed before or during the war, or 
persecutions on political or racial grounds in execu- 
tion of or in connection with any crime within the 
jurisdiction of the Tribunal, whether or not in viola- 
tion of the domestic law of the country where per- 
petrated. Leaders, organizers, instigators and ac- 
complices participating in the formulation or execu- 
tion of a common plan or conspiracy to commit any 
of the foregoing crimes are responsible for all acts 
performed by any person in execution of such plan. 

Article 6. Responsibility of Accused. — Neither the 
official position, at any time, of an accused, nor the 
fact that an accused acted pursuant to order of his 
government or of a superior shall, of itself, be suffi- 
cient to free such accused from responsibility for 
any crime with which he is charged, but such cir- 
cumstances may be considered in mitigation of pun- 
ishment if the Tribunal determines that justice so 
requires. 

Article 7. Rules of Procedure. — The Tribunal may 
draft and amend rules of procedure consistent with 
the fundamental provisions of this Charter. 

Article 8. Counsel. 

a. Chief of Counsel. — The Chief of Counsel desig- 
nated by the Supreme Commander for the Allied 
Powers is responsible for the investigation and prose- 
cution of charges against war criminals within the 
jurisdiction of this Tribunal and will render such 
legal assistance to the Supreme Commander as is 
appropriate. 

b. Associate Counsel. — Any United Nation with 
which Japan has been at war may appoint an Asso- 
ciate Counsel to assist the Chief of Counsel. 



322 

Section III. Fair Trial for Accused 

Article 9. Procedure for Fair Trial. — In order to 
insure fair trial for the accused the following proce- 
dure shall be followed: 

a. Indictment. — The indictment shall consist of a 
plain, concise, and adequate statement of each offense 
charged. Each accused shall be furnished, in ade- 
quate time for defense, a copy of the indictment, 
including any amendment, and of this Charter, in a 
language understood by the accused. 

b. Language. — The trial and related proceedings 
shall be conducted in English and in the language of 
the accused. Translations of documents and other 
papers shall be provided as needed and requested. 

c. Counsel for Accused. — Each accused shall have 
the right to be represented by counsel of his own 
selection, subject to the disapproval of such counsel 
at any time by the Tribunal. The accused shall file 
with the General Secretary of the Tribunal the name 
of his counsel. If an accused is not represented by 
counsel and in open court requests the appointment 
of counsel, the Tribunal shall designate counsel for 
him. In the absence of such request the Tribunal 
may appoint counsel for an accused if in its judgment 
such appointment is necessary to provide for a fair 
trial. 

d. Evidence for Defense. — An accused shall have 
the right, through himself or through his counsel 
(but not through both), to conduct his defense, in- 
cluding the right to examine any witness, subject to 
such reasonable restrictions as the Tribunal may 
determine. 

e. Production of Evidence for the Defense. — An ac- 
cused may apply in writing to the Tribunal for the 
production of witnesses or of documents. The appli- 
cation shall state where the witness or document is 



323 

thought to be located. It shall also state the facts 
proposed to be proved by the witness or the docu- 
ment and the relevancy of such facts to the defense. 
If the Tribunal grants the application the Tribunal 
shall be given such aid in obtaining production of the 
evidence as the circumstances require. 

Article 10. Applications and Motions before 
Trial. — All motions, applications, or other requests 
addressed to the Tribunal prior to the commence- 
ment of trial shall be made in writing and filed with 
the General Secretary of the Tribunal for action by 
the Tribunal. 

Section IV. Powers of Tribunal and Conduct 

of Trial 

Article 11. Powers.-. — The Tribunal shall have 
the power: 

a. To summon witnesses to the trial, to require 
them to attend and testify, and to question them. 

b. To interrogate each accused and to permit com- 
ment on his refusal to answer any question. 

c. To require the production of documents and 
other evidentiary material. 

d. To require of each witness an oath, affirmation, 
or such declaration as is customary in the country 
of the witness, and to administer oaths. 

e. To appoint officers for the carrying out of any 
task designated by the Tribunal, including the power 
to have evidence taken on commission. 

Article 12. Conduct of Trial. — The Tribunal shall: 

a. Confine the trial strictly to an expeditious hear- 
ing of the issues raised by the charges, 

b. Take strict measures to prevent any action 
which would cause any unreasonable delay and rule 
out irrelevant issues and statements of any kind 
whatsoever. 

c. Provide for the maintenance of order at the 



324 

trial and deal summarily with any contumacy, im- 
posing appropriate punishment, including exclusion 
of any accused or his counsel from some or all further 
proceedings, but without prejudice to the determina- 
tion of the charges. 

d. Determine the mental and physical capacity of 
any accused to proceed to trial. 

Article 13. Evidence, 

a. Admissibility. — The Tribunal shall not be 
bound by technical rules of evidence. It shall adopt 
and apply to the greatest possible extent expeditious 
and non-technical procedure, and shall admit any 
evidence which it deems to have probative value. 
All purported admissions or statements of the ac- 
cused are admissible. 

b. Relevance. — The Tribunal may require to be 
informed of the nature of any evidence before it is 
offered in order to rule upon the relevance. 

c. Specific evidence admissible. — In particular, and 
without limiting in any way the scope of the 
foregoing general rules, the following evidence may 
be admitted: 

(1) A document, regardless of its security classifica- 
tion and without proof of its issuance or signature, 
which appears to the Tribunal to have been signed or 
issued by any officer, department, agency or mem- 
ber of the armed forces of any government. 

(2) A report which appears to the Tribunal to 
have been signed or issued by the International 
Red Cross or a member thereof, or by a doctor of 
medicine or any medical service personnel, or by an 
investigator or intelligence officer, or by any other 
person who appears to the Tribunal to have persona] 
knowledge of the matters contained in the report. 

(3) An affidavit, deposition or other signed state- 
ment. 

(4) A diary, letter or other document, including 



325 

sworn or unsworn statements, which appear to the 
Tribunal to contain information relating to the 
charge. 

(5) A copy of a document or other secondary- 
evidence of its contents, if the original is not im- 
mediately available. 

d. Judicial Notice. — The Tribunal shall neither 
require proof of facts of common knowledge, nor of 
the authenticity of official government documents 
and reports of any nation or of the proceedings, rec- 
ords, and findings of military or other agencies of 
any of the United Nations. 

e. Records, Exhibits, and Documents. — The trans- 
cript of the proceedings, and exhibits and docu- 
ments submitted to the Tribunal, will be filed with 
the General Secretary of the Tribunal and will 
constitute part of the Record. 

Article 14. Place of Trial. — The first trial will 
be held at Tokyo, and any subsequent trials will be 
held at such places as the Tribunal decides. 

Article IS. Course of Trial Proceedings. — The 
proceedings at the Trial will take the following 
course: 

a. The indictment will be read in court unless the 
reading is waived by all accused. 

b. The Tribunal will ask each accused whether he 
pleads "guilty" or "not guilty." 

c. The prosecution and each accused (by counsel 
only, if represented) may make a concise opening 
statement. 

d. The prosecution and defense may offer evidence, 
and the admissibility of the same shall be determined 
by the Tribunal. 

e. The prosecution and each accused (by counsel 
only, if represented) may examine each witness and 
each accused who gives testimony. 



326 

/. Accused (by counsel only, if represented) may 
address the Tribunal. 

g. The prosecution may address the Tribunal. 

h. The Tribunal will deliver judgment and pro- 
nounce sentence. 

SECTION V. JUDGMENT AND SENTENCE 

Article 16. Penalty. — The Tribunal shall have 
the power to impose upon an accused, on conviction, 
death, or such other punishment as shall be deter- 
mined by it to be just. 

Article 17. Judgment and review. — The judgment 
will be announced in open court and will give the 
reasons on which it is based. The record of the trial 
will be transmitted directly to the Supreme Com- 
mander for the Allied Powers for his action. Sen- 
tence will be carried out in accordance with the 
Order of the Supreme Commander for the Allied 
Powers, who may at any time reduce or otherwise 
alter the sentence, except to increase its severity. 
By command of General MacArthur: 
Richard J. Marshall 
Major General, General Staff Corps, 

Chief of Staff. 

(26) In re Yamashita 

(Supreme Court of the United States, 4 February 1946 (327 U. S. 1)) 

Mr. Chief Justice Stone delivered the opinion 
of the Court. 

No. 61 Miscellaneous is an application for leave to 
file^a petition for writs of habeas corpus and prohibi- 
tion in this Court. No. 672 is a petition for certiorari 
to review an order of the Supreme Court of the 
Commonwealth of the Philippines (28 U. S. C. § 349), 
denying petitioner's application to that court for 
writs of habeas corpus and prohibition. As both 



327 

applications raise substantially like questions, and 
because of the importance and novelty of some of 
those presented, we set the two applications down 
for oral argument as one case. 

From the petitions and supporting papers it ap- 
pears that prior to September 3, 1945, petitioner was 
the Commanding General of the Fourteenth Army 
Group of the Imperial Japanese Army in the Philip- 
pine Islands. On that date he surrendered to and 
became a prisoner of war of the United States Army 
Forces in Baguio, Philippine Islands. On September 
25th, by order of respondent, Lieutenant General 
Wilhelm D. Styer, Commanding General of the 
United States Army Forces, Western Pacific, which 
command embraces the Philippine Islands, petitioner 
was served with a charge prepared by the Judge 
Advocate General's Department of the Army, pur- 
porting to charge petitioner with a violation of the 
law of war. On October 8, 1945, petitioner, after 
pleading not guilty to the charge, was held for trial 
before a military commission of five Army officers 
appointed by order of General Styer. The order 
appointed six Army officers, all lawyers, as defense 
counsel. Throughout the proceedings which fol- 
lowed, including those before this Court, defense 
counsel have demonstrated their professional skill 
and resourcefulness and their proper zeal for the 
defense with which they were charged. 

On the same date a bill of particulars was filed by 
the prosecution, and the commission heard a motion 
made in petitioner's behalf to dismiss the charge on 
the ground that it failed to state a violation of the 
law of war. On October 29th the commission was 
reconvened, a supplemental bill of particulars was 
filed, and the motion to dismiss was denied. The 
trial then proceeded until its conclusion on December 
7, 1945, the commission hearing two hundred and 



328 

eighty-six witnesses, who gave over three thousand 
pages of testimony. On that date petitioner was 
found guilty of the offense as charged and sentenced 
to death by hanging. 

The petitions for habeas corpus set up that the 
detention of petitioner for the purpose of the trial 
was unlawful for reasons which are now urged as 
showing that the military commission was without 
lawful authority or jurisdiction to place petitioner on 
trial, as follows: 

{a) That the military commission which tried and 
convicted petitioner was not lawfully created, and 
that no military commission to try petitioner for 
violations of the law of war could lawfully be con- 
vened after the cessation of hostilities between the 
armed forces of the United States and Japan; 

(b) That the charge preferred against petitioner 
fails to charge him with a violation of the law of war; 

(c) That the commission was without authority 
and jurisdiction to try and convict petitioner because 
the order governing the procedure of the commission 
permitted the admission in evidence of depositions, 
affidavits and hearsay and opinion evidence, and be- 
cause the commission's rulings admitting such evi- 
dence were in violation of the 25th and 38th Articles 
of War (10 U. S. C. §§ 1496, 1509) and the Geneva 
Convention (47 Stat. 2021), and deprived petitioner 
of a fair trial in violation of the due process clause of 
the Fifth Amendment; 

(d) That the commission was without authority 
and jurisdiction in the premises because of the failure 
to give advance notice of petitioner's trial to the 
neutral power representing the interests of Japan as 
a belligerent as required by Article 60*of the Geneva 
Convention, 47 Stat. 2021, 2051. 

On the same grounds the petitions for writs of 



329 

prohibition set up that the commission is without 
authority to proceed with the trial. 

The Supreme Court of the Philippine Islands, after 
hearing argument, denied the petition for habeas 
corpus presented to it, on the ground, among others, 
that its jurisdiction was limited to an inquiry as to 
the jurisdiction of the commission to place petitioner 
on trial for the offense charged, and that the commis- 
sion, being validly constituted by the order of General 
Styer, had jurisdiction over the person of petitioner 
and over the trial for the offense charged. 

In Ex parte Quirin, 317 U. S. 1, we had occasion to 
consider at length the sources and nature of the 
authority to create military commissions for the trial 
of enemy combatants for offenses against the law of 
war. We there pointed out that Congress, in the 
exercise of the power conferred upon it by Article 
I, § 8, CI. 10 of the Constitution to "define and 
punish * * * Offences against the Law of Na- 
tions * * *" of which the law of war is a part, had 
by the Articles of War (10 U. S. C. §§ 1471-1593) 
recognized the "military commission" appointed by 
military command, as it had previously existed in 
United States Army practice, as an appropriate 
tribunal for the trial and punishment of offenses 
against the law of war. Article IS declares that the 
"provisions of these articles conferring jurisdiction 
upon courts martial shall not be construed as de- 
priving military commissions * * * or other mili- 
tary tribunals of concurrent jurisdiction in respect of 
offenders or offenses that by statute or by the law of war 
may be triable by such military commissions * * * 
or other military tribunals." See a similar provision 
of the Espionage Act of 1917, SO U. S. C. § 38. 
Article 2 includes among those persons subject to the 
Articles of War the personnel of our own military 
establishment. But this, as Article 12 indicates, does 



330 

not exclude from the class of persons subject to trial 
by military commissions "any other person who by 
the law of war is subject to trial by military tri- 
bunals," and who, under Article 12, may be tried by 
court-martial, or under Article IS by military 
commission. 

We further pointed out that Congress, by sanction- 
ing trial of enemy combatants for violations of the 
law of war by military commissions, had not attempted 
to codify the law of war or to mark its precise 
boundaries. Instead, by Article IS it had incor- 
porated, by reference, as within the preexisting 
jurisdiction of military commissions created by 
appropriate military command, all offenses which are 
defined as such by the law of war, and which may 
constitutionally be included within that jurisdiction. 
It thus adopted the system of military common law 
applied by military tribunals so far as it should be 
recognized and deemed applicable by the courts, and 
as further defined and supplemented by the Hague 
Convention, to which the United States and the Axis 
powers were parties. 

We also emphasized in Ex parte Quirin, as we do 
here, that on application for habeas corpus we are 
not concerned with the guilt or innocence of the 
petitioners. We consider here only the lawful power 
of the commission to try the petitioner for the offense 
charged. In the present cases it must be recognized 
throughout that the military tribunals which Con- 
gress has sanctioned by the Articles of War are not 
courts whose rulings and judgments are made subject 
to review by this Court. See Ex parte V allandigham, 
1 Wall. 243; In re Vidal, 179 U. S. 126; cf. Ex parte 
Quirin, supra, 39. They are tribunals whose deter- 
minations are reviewable by the military authorities 
either as provided in the military orders consti- 
tuting such tribunals or as provided by the Articles 



331 

of War. Congress conferred on the courts no power 
to review their determinations save only as it has 
granted judicial power "to grant writs of habeas 
corpus for the purpose of an inquiry into the cause 
of restraint of liberty." 28 U. S. C. §§ 451, 452. 
The courts may inquire whether the detention com- 
plained of is within the authority of those detaining 
the petitioner. If the military tribunals have lawful 
authority to hear, decide and condemn, their action 
is not subject to judicial review merely because they 
have made a wrong decision on disputed facts. 
Correction of their errors of decision is not for the 
courts but for the military authorities which are 
alone authorized to review their decisions. See 
Dynes v. Hoover, 20 How. 65, 81; Runkle v. United 
States, 122 U. S. 543, 555-556; Carter v. McClaughry, 
183 U. S. 365; Collins v. McDonald, 258 U. S. 416. 
Cf. Matter of Moran, 203 U. S. 96, 105. 

Finally, we held in Ex parte Quirin, supra, 24, 25, 
as we hold now, that Congress by sanctioning trials 
of enemy aliens by military commission for offenses 
against the law of war had recognized the right of the 
accused to make a defense. Cf . Ex parte Kawato, 
317 U. S. 69. It has not foreclosed their right to 
contend that the Constitution or laws of the United 
States withhold authority to proceed with the trial. 
It has not withdrawn, and the Executive branch of 
the Government could not, unless there was sus- 
pension of the writ, withdraw from the courts the 
duty and power to make such inquiry into the au- 
thority of the commission as may be made by habeas 
corpus. 

With these governing principles in mind we turn 
to the consideration of the several contentions urged 
to establish want of authority in the commission. 
We are not here concerned with the power of military 

777534 — 48 22 



332 

commissions to try civilians. See Ex parte Milligan, 
4 Wall. 2, 132; Sterling v. Constantin, 287 U. S. 378; 
Ex parte Quirin, supra, 45. The Government's con- 
tention is that General Styer's order creating the 
commission conferred authority on it only to try the 
purported charge of violation of the law of war com- 
mitted by petitioner, an enemy belligerent, while in 
command of a hostile army occupying United States 
territory during time of war. Our first inquiry must 
therefore be whether the present commission was 
created by lawful military command and, if so, 
whether authority could thus be conferred on the 
commission to place petitioner on trial after the 
cessation of hostilities between the armed forces of 
the United States and Japan. 

The authority to create the commission. — General 
Styer's order for the appointment of the commission 
was made by him as Commander of the United States 
Army Forces, Western Pacific. His command in- 
cludes, as part of a vastly greater area, the Philippine 
Islands, where the alleged offenses were committed, 
where petitioner surrendered as a prisoner of war, 
and where, at the time of the order convening the 
commission, he was detained as a prisoner in custody 
of the United States Army. The congressional re- 
cognition of military commissions and its sanction 
of their use in trying offenses against the law of war 
to which we have referred, sanctioned their creation 
by military command in conformity to long-estab- 
lished American precedents. Such a commission 
may be appointed by any field commander, or by any 
commander competent to appoint a general court- 
martial, as was General Styer, who had been vested 
with that power by order of the President. 2 Win- 
throp, Military Law and Precedents, 2d ed., *1302; 
cf. Article of War 8. 

Here the commission was not only created by a 



333 

commander competent to appoint it, but his order 
conformed to the established policy of the Govern- 
ment and to higher military commands authorizing 
his action. In a proclamation of July 2, 1942 (56 
Stat. 1964), the President proclaimed that enemy 
belligerents who during time of war, enter the 
United States, or any territory or possession thereof, 
and who violate the law of war, should be subject to 
the law of war and to the jurisdiction of military 
tribunals. Paragraph 10 of the Declaration of Pots- 
dam of July 26, 1945, declared that ". . . stern 
justice shall be meted out to all war criminals, in- 
cluding those who have visited cruelties upon our 
prisoners." U. S. Dept. of State Bull., Vol. XIII, 
No. 318, pp. 137-138. This Declaration was ac- 
cepted by the Japanese government by its note of 
August 10, 1945. U. S. Dept. of State Bull., Vol. 
XIII, No. 320, p. 205. 

By direction of the President, the Joint Chiefs of 
Staff of the American Military Forces, on September 
12, 1945, instructed General MacArthur, Commander 
in Chief, United States Army Forces, Pacific, to 
proceed with the trial, before appropriate military 
tribunals, of such Japanese war criminals "as have 
been or may be apprehended." By order of General 
MacArthur of September 24, 1945, General Styer 
was specifically directed to proceed with the trial of 
petitioner upon the charge here involved. This 
order was accompanied by detailed rules and regula- 
tions which General MacArthur prescribed for the 
trial of war criminals. These regulations directed, 
among other things, that review of the sentence im- 
posed by the commission should be by the officer 
convening it, with "authority to approve, mitigate, 
remit, commute, suspend, reduce or otherwise alter 
the sentence imposed," and directed that no sentence 
of death should be carried into effect until confirmed 



334 

by the Commander in Chief, United States Army 
Forces, Pacific. 

It thus appears that the order creating the commis- 
sion for the trial of petitioner was authorized by 
military command, and was in complete conformity 
to the Act of Congress sanctioning the creation of such 
tribunals for the trial of offenses against the law of 
war committed by enemy combatants. And we turn 
to the question whether the authority to create the 
commission and direct the trial by military order 
continued after the cessation of hostilities. 

An important incident to the conduct of war is the 
adoption of measures by the military commander, 
not only to repel and defeat the enemy, but to seize 
and subject to disciplinary measures those enemies 
who, in their attempt to thwart or impede our mili- 
tary effort, have violated the law of war. Ex parte 
Quirin, supra, 28. The trial and punishment of 
enemy combatants who have committed violations 
of the law of war is thus not only a part of the conduct 
of war operating as a preventive measure against 
such violations, but is an exercise of the authority 
sanctioned by Congress to administer the system of 
military justice recognized by the law of war. That 
sanction is without qualification as to the exercise of 
this authority so long as a state of war exists — from 
its declaration until peace is proclaimed. See United 
States v. Anderson, 9 Wall. 56, 70; The Protector, 
12 Wall. 700, 702; McElrath v. United States, 102 
U. S. 426, 438; Kahn v. Anderson, 255 U. S. 1, 9-10. 
The war power, from which the commission derives 
its existence, is not limited to victories in the field, 
but carries with it the inherent power to guard against 
the immediate renewal of the conflict, and to remedy, 
at least in ways Congress has recognized, the evils 
which the military operations have produced. See 
Stewart v. Kahn, 11 Wall. 493, 507. 



335 

We cannot say that there is no authority to con- 
vene a commission after hostilities have ended to try 
violations of the law of war committed before their 
cessation, at least until peace has been officially 
recognized by treaty or proclamation of the political 
branch of the Government. In fact, in most in- 
stances the practical administration of the system 
of military justice under the law of war would fail 
if such authority were thought to end with the cessa- 
tion of hostilities. For only after their cessation 
could the greater number of offenders and the princi- 
pal ones be apprehended and subjected to trial. 

No writer on international law appears to have 
regarded the power of military tribunals, otherwise 
competent to try violations of the law of war, as 
terminating before the formal state of war has ended. 1 
In our own military history there have been numerous 
instances in which offenders were tried by military 
commission after the cessation of hostilities and before 
the proclamation of peace, for offenses against the 
law of war committed before the cessation of hos- 
tilities. 2 

The extent to which the power to prosecute viola- 
tions of the law of war shall be exercised before peace 
is declared rests, nor with the courts, but with the 

1 The Commission on the Responsibility of the Authors of the War and on 
the Enforcement of Penalties of the Versailles Peace Conference, which met 
after cessation of hostilities in the First World War, were of the view that vio- 
lators of the law of war could be tried by military tribunals. See Report of the 
Commission, March 9, 1919, 14 Am. J. Int. L. 95, 121. See also memorandum 
of American commissioners concurring on this point, id., at p. 141. The treaties 
of peace concluded after World War I recognized the right of the Allies and of 
the United States to try such offenders before military tribunals. See Art. 
228 of Treaty of Versailles, June 28, 1919; Art. 173 of Treaty of St. Germain, 
Sept. 10, 1919; Art. 157 of Treaty of Trianon, June 4, 1920. 

The terms of the agreement which ended hostilities in the Boer War reserved 
the right to try, before military tribunals, enemy combatants who had violated 
the law of war. 95 British and Foreign State Papers (1901-1902) 160. See 
also trials cited in Colby, War Crimes, 23 Michigan Law Rev. 482, 496-7. 

2 See cases mentioned in Ex parte Quirin, supra, p. 32, note 10, and in 2 
Winthrop, supra, *1310-1311, n. 5; 14 Op. A. G. 249 (Modoc Indian Prisoners). 



336 

political branch of the Government, and may itself 
by governed by the terms of an armistice or the 
treaty of peace. Here, peace has not been agreed 
upon or proclaimed. Japan, by her acceptance of 
the Potsdam declaration and her surrender, has 
acquiesced in the trials of those guilty of violations 
of the law of war. The conduct of the trial by the 
military commission has been authorized by the 
political branch of the Government, by military 
command, by international law and usage, and by 
the terms of the surrender of the Japanese govern- 
ment. 

The charge. — Neither congressional action nor the 
military orders constituting the commission author- 
ized it to place petitioner on trial unless the charge 
preferred against him is of a violation of the law of 
war. The charge, so far as now relevant, is that 
petitioner, between October 9, 1944 and September 
2, 1945, in the Philippine Islands, "while commander 
of armed forces of Japan at war with the United 
States of America and its allies, unlawfully disre- 
garded and failed to discharge his duty as commander 
to control the operations of the members of his 
command, permitting them to commit brutal atroci- 
ties and other high crimes against people of the 
United States and of its allies and dependencies, 
particularly the Philippines; and he * * * there- 
by violated the laws of war." 

Bills of particulars, filed by the prosecution by 
order of the commission, allege a series of acts, one 
hundred and twenty-three in number, committed by 
members of the forces under petitioner's command 
during the period mentioned. The first item specifies 
the execution of "a deliberate plan and purpose to 
massacre and exterminate a large part of the civilian 
population of Batangas Province, and to devastate 
and destroy public, private and religious property 



337 

therein, as a result of which more than 25,000 men, 
women and children, all unarmed noncombatant 
civilians, were brutally mistreated and killed, with- 
out cause or trial, and entire settlements were devas- 
tated and destroyed wantonly and without military 
necessity." Other items specify acts of violence, 
cruelty and homicide inflicted upon the civilian pop- 
ulation and prisoners of war, acts of wholesale pillage 
and the wanton destruction of religious monuments. 
It is not denied that such acts directed against the 
civilian population of an occupied country and 
against prisoners of war are recognized in interna- 
tional law as violations of the law of war. Articles 
4, 28, 46, and 47, Annex to the Fourth Hague Con- 
vention, 1907, 36 Stat. 2277, 2296, 2303, 2306-7. 
But it is urged that the charge does not allege that 
petitioner has either committed or directed the com- 
mission of such acts, and consequently that no viola- 
tion is charged as against him. But this overlooks 
the fact that the gist of the charge is an unlawful 
breach of duty by petitioner as an army commander 
to control the operations of the members of his com- 
mand by "permitting them to commit" the exten- 
sive and widespread atrocities specified. The ques- 
tion then is whether the law of war imposes on an 
army commander a duty to take such appropriate 
measures as are within his power to control the 
troops under his command for the prevention of the 
specified acts which are violations of the law of war 
and which are likely to attend the occupation of 
hostile territory by an uncontrolled soldiery, and 
whether he may be charged with personal respon- 
sibility for his failure to take such measures when 
violations result. That this was the precise issue to 
be tried was made clear by the statement of the pros- 
ecution at the opening of the trial. 



338 

It is evident that the conduct of military opera- 
tions by troops whose excesses are unrestrained by 
the orders or efforts of their commander would almost 
certainly result in violations which it is the purpose 
of the law of war to prevent. Its purpose to protect 
civilian populations and prisoners of war from bru- 
tality would largely be defeated if the commander 
of an invading army could with impunity neglect to 
take reasonable measures for their protection. Hence 
the law of war presupposes that its violation is to be 
avoided through the control of the operations of war 
by commanders who are to some extent responsible 
for their subordinates. 

This is recognized by the Annex to the Fourth 
Hague Convention of 1907, respecting the laws and 
customs of war on land. Article 1 lays down as a 
condition which an armed force must fulfill in order 
to be accorded the rights of lawful belligerents, that 
it must be "commanded by a person responsible for 
his subordinates." 36 Stat. 2295. Similarly Article 
19 of the Tenth Hague Convention, relating to bom- 
bardment by naval vessels, provides that commanders 
in chief of the belligerent vessels "must see that the 
above Articles are properly carried out." 36 Stat. 
2389. And Article 26 of the Geneva Red Cross Con- 
vention of 1929, 47 Stat. 2074, 2092, for the ameliora- 
tion of the condition of the wounded and sick in 
armies in the field, makes it "the duty of the com- 
manders-in-chief of the belligerent armies to provide 
for the details of execution of the foregoing articles, 
[of the convention] as well as for unforeseen cases 
* * *" And, finally, Article 43 of the Annex of 
the Fourth Hague Convention, 36 Stat. 2306, requires 
that the commander of a force occupying enemy terri- 
tory, as was petitioner, "shall take all the measures 
in his power to restore, and ensure, as far as possible, 
public order and safety, while respecting, unless 



339 

absolutely prevented, the laws in force in the 
country." 

These provisions plainly imposed on petitioner, 
who at the time specified was military governor of 
the Philippines, as well as commander of the Japanese 
forces, an affirmative duty to take such measures as 
were within his power and appropriate in the cir- 
cumstances to protect prisoners of war and the civil- 
ian population. This duty of a commanding officer 
has heretofore been recognized, and its breach penal- 
ized by our own military tribunals. 3 A like principle 
has been applied so as to impose liability on the 
United States in international arbitrations. Case of 
Jeannaud, 3 Moore, International Arbitrations, 3000; 
Case of "The Zafiro", 5 Hackworth, Digest of Inter- 
national Law, 707. 

We do not make the laws of war but we respect 
them so far as they do not conflict with the commands 
of Congress or the Constitution. There is no con- 
tention that the present charge, thus read, is without 
the support of evidence, or that the commission held 
petitioner responsible for failing to take measures 
which were beyond his control or inappropriate for 
a commanding officer to take in the circumstances. 4 

* Failure of an officer to take measures to prevent murder of an inhabitant of 
an occupied country committed in his presence. Gen. Orders No. 221, Hq. 
Div. of the Philippines, August 17, 1901. And in Gen. Orders No. 264, Hq. 
Div. of the Philippines, September 9, 1901, it was held that an officer could not 
be found guilty for failure to prevent a murder unless it appeared that the 
accused had "the power to prevent" it. 

4 In its findings the commission took account of the difficulties "faced by 
the Accused with respect not only to the swift and overpowering advance of 
American forces, but also to the errors of his predecessors, weaknesses in organ- 
ization, equipment, supply . . ., training, communication, discipline and the 
morale of his troops," and the "tactical situation, the character, training and 
capacity of staff officers and subordinate commanders as well as the traits of 
character ... of his troops." It nonetheless found that petitioner had not 
taken such measures to control his troops as were "required by the circum- 
stances." We do not weigh the evidence. We merely hold that the charge 
sufficiently states a violation against the law of war, and that the commission, 
upon the facts found, could properly find petitioner guilty of such a violation. 



340 

We do not here appraise the evidence on which pe- 
titioner was convicted. We do not consider what 
measures, if any, petitioner took to prevent the com- 
mission, by the troops under his command, of the 
plain violations of the law of war detailed in the bill 
of particulars, or whether such measures as he may 
have taken were appropriate and sufficient to dis- 
charge the duty imposed upon him. These are ques- 
tions within the peculiar competence of the military 
officers composing the commission and were for it to 
decide. See Smith v. Whitney, 116 U. S. 167, 178. 
It is plain that the charge on which petitioner was 
tried charged him with a breach of his duty to control 
the operations of the members of his command, by 
permitting them to commit the specified atrocities. 
This was enough to require the commission to hear 
evidence tending to establish the culpable failure of 
petitioner to perform the duty imposed on him by 
the law of war and to pass upon its sufficiency to 
establish guilt. 

Obviously charges of violations of the law of war 
triable before a military tribunal need not be stated 
with the precision of a common law indictment. 
Cf. Collins v. McDonald, supra, 420. But we con- 
clude that the allegations of the charge, tested by 
any reasonable standard, adequately allege a vio- 
lation of the law of war and that the commission had 
authority to try and decide the issue which it raised. 
Cf. Dealy v. United States, 152 U. S. 539; Williamson 
v. United States, 207 U. S. 425, 447; Glasser v. 
United States, 315 U. S. 60, 66, and cases cited. 

The proceedings before the commission. — The regu- 
lations prescribed by General MacArthur governing 
the procedure for the trial of petitioner by the com- 
mission directed that the commission should admit 
such evidence "as in its opinion would be of assistance 
in proving or disproving the charge, or such as in the 



341 

commission's opinion would have probative value in 
the mind of a reasonable man," and that in particular 
it might admit affidavits, depositions or other 
statements taken by officers detailed for that purpose 
by military authority. The petitions in this case 
charged that in the course of the trial the commission 
received, over objection by petitioner's counsel, the 
deposition of a witness taken pursuant to military 
authority by a United States Army captain. It 
also, over like objection, admitted hearsay and 
opinion evidence tendered by the prosecution. Pe- 
titioner argues, as ground for the writ of habeas 
corpus, that Article 25 5 of the Articles of War pro- 
hibited the reception in evidence by the commission 
of depositions on behalf of the prosecution in a 
capital case, and that Article 38 6 prohibited the 
reception of hearsay and of opinion evidence. 

We think that neither Article 25 nor Article 38 is 
applicable to the trial of an enemy combatant by a 
military commission for violations of the law of war. 
Article 2 of the Articles of War enumerates "the per- 
sons * * * subject to these articles," who are 
denominated, for purposes of the Articles, as "per- 
sons subject to military law." In general, the 
persons so enumerated are members of our own 
Army and of the personnel accompanying the Army. 
Enemy combatants are not included among them. 
Articles 12, 13 and 14, before the adoption of Article 

6 Article 25 provides: "A duly authenticated deposition taken upon reason- 
able notice to the opposite party may be read in evidence before any military 
court or commission in any case not capital, or in any proceeding before a 
court of inquiry or a military board, . . . Provided, That testimony by deposition 
may be adduced for the defense in capital cases." 

•Article 38 provides: "The President may, by regulations, which he may 
modify from time to time, prescribe the procedure, including modes of proof, 
in cases before courts-martial, courts of inquiry, military commissions, and 
other military tribunals, which regulations shall insofar as he shall deem practi- 
cable, apply the rules of evidence generally recognized in the trial of criminal 
cases in the district courts of the United States: Provided, That nothing con- 
trary to or inconsistent with these articles shall be so prescribed: . . ." 



342 

15 in 1916, made all "persons subject to military 
law" amenable to trial by courts-martial for any 
offense made punishable by the Articles of War. 
Article 12 makes triable by general court-martial 
"any other person who by the law of war is subject 
to trial by military tribunals." Since Article 2, in 
its 1916 form, includes some persons who, by the law 
of war, were, prior to 1916, triable by military com- 
mission, it was feared by the proponents of the 1916 
legislation that in the absence of a saving provision, 
the authority given by Articles 12, 13 and 14 to try 
such persons before courts-martial might be con- 
strued to deprive the non-statutory military commis- 
sion of a portion of what was considered to be its 
traditional jurisdiction. To avoid this, and to 
preserve that jurisdiction intact, Article IS was 
added to the Articles. 7 It declared that "The pro- 
visions of these articles conferring jurisdiction upon 
courts-martial shall not be construed as depriving 
military commissions * * * of concurrent juris- 
diction in respect of offenders or offenses that 
by the law of war may be triable by such 
military commissions." 

By thus recognizing military commissions in order 
to preserve their traditional jurisdiction over enemy 
combatants unimpaired by the Articles, Congress 
gave sanction, as we held in Ex parte Quirin, to any 

7 General Crowder, the Judge Advocate General, who appeared before 
Congress as sponsor for the adoption of Article 15 and the accompanying 
amendment of Article 25, in explaining the purpose of Article 15, said: 

"Article 15 is new. We have included in article 2 as subject to military law 
a number of persons who are also subject to trial by military commission. A 
military commission is our common-law war court. It has no statutory exist- 
ence, though it is recognized by statute law. As long as the articles embraced 
them in the designation 'persons subject to military law,' and provided that 
they might be tried by court-martial, I was afraid that, having made a special 
provision for their trial by court-martial, [Arts. 12, 13 and 14] it might be held 
that the provision operated to exclude trials by military commission and other 
war courts; so this new article was introduced: . . ." (Sen. R. 130, 64th. 
Cong., 1st Sess., p. 40.) 



343 

use of the military commission contemplated by the 
common law of war. But it did not thereby make 
subject to the Articles of War persons other than 
those defined by Article 2 as being subject to the 
Articles, nor did it confer the benefits of the Articles 
upon such persons. The Articles recognized but 
one kind of military commission, not two. But they 
sanctioned the use of that one for the trial of two 
classes of persons, to one of which the Articles do, 
and to the other of which they do not, apply in such 
trials. Being of this latter class, petitioner cannot 
claim the benefits of the Articles, which are appli- 
cable only to the members of the other class. Peti- 
tioner, an enemy combatant, is therefore not a per- 
son made subject to the Articles of War by Article 2, 
and the military commission before which he was 
tried, though sanctioned, and its jurisdiction saved, 
by Article IS, was not convened by virtue of the 
Articles of War, but pursuant to the common law of 
war. It follows that the Articles of War, including 
Articles 25 and 38, were not applicable to peti- 
tioner's trial and imposed no restrictions upon the 
procedure to be followed. The Articles left the 
control over the procedure in such a case where it 
had previously been, with the military command. 

Petitioner further urges that by virtue of Article 
63 of the Geneva Convention of 1929, 47 Stat. 2052, 
he is entitled to the benefits afforded by the 25th 
and 38th Articles of War to members of our own 
forces. Article 63 provides: "Sentence may be 
pronounced against a prisoner of war only by the 
same courts and according to the same procedure as 
in the case of persons belonging to the armed forces 
of the detaining Power." Since petitioner is a pris- 
oner of war, and as the 25th and 38th Articles of 
War apply to the trial of any person in our own armed 
forces, it is said that Article 63 requires them to be 



344 

applied in the trial of petitioner. But we think 
examination of Article 63 in its setting in the Con- 
vention plainly shows that it refers to sentence "pro- 
nounced against a prisoner of war" for an offense 
committed while a prisoner of war, and not for a 
violation of the law of war committed while a 
combatant. 

Article 63 of the Convention appears in part 3, 
entitled "Judicial Suits," of Chapter 3, "Penalties 
Applicable to Prisoners of War," of § V, "Prisoners' 
Relations with the Authorities," one of the sections 
of Title III, "Captivity." All taken together relate 
only to the conduct and control of prisoners of war 
while in captivity as such. Chapter 1 of § V, Article 
42 deals with complaints of prisoners of war be- 
cause of the conditions of captivity. Chapter 2, 
Articles 43 and 44, relates to those of their number 
chosen by prisoners of war to represent them. 

Chapter 3 of § V, Articles 45 through 67, is en- 
titled "Penalties Applicable to Prisoners of War." 
Part 1 of that chapter, Articles 45 through 53, indi- 
cate what acts of prisoners of war, committed while 
prisoners, shall be considered offenses, and defines to 
some extent the punishment which the detaining 
power may impose on account of such offenses. 8 

8 Part 1 of Chapter 3, "General Provisions," provides in Articles 45 and 46 
that prisoners of war are subject to the regulations in force in the armies of 
the detaining power, that punishments other than those provided "for the 
same acts for soldiers of the national armies" may not be imposed on prisoners 
of war, and that "Collective punishment for individual acts" is forbidden. 
Article 47 provides that "Acts constituting an offense against discipline, and 
particularly attempted escape, shall be verified immediately; for all prisoners 
of war, commissioned or not, preventive arrest shall be reduced to the absolute 
minimum. Judicial proceedings against prisoners of war shall be conducted 
as rapidly as the circumstances permit * * * In all cases, the duration 
of preventive imprisonment shall be deducted from the disciplinary or 
judicial punishment inflicted * * *" 

Article 48 provides that prisoners of war, after having suffered "the judicial 
or disciplinary punishment which has been imposed on them" are not to be 
treated differently from other prisoners, but provides that "prisoners punished 
as a result of attempted escape may be subjected to special surveillance." 



345 

Punishment is of two kinds — "disciplinary" and 
"judicial/' the latter being the more severe. Article 
52 requires that leniency be exercised in deciding 
whether an offense requires disciplinary or judicial 
punishment, Part 2 of Chapter 3 is entitled "Dis- 
ciplinary Punishments," and further defines the 
extent of such punishment, and the mode in which it 
may be imposed. Part 3, entitled "Judicial Suits," 
in which Article 63 is found, describes the procedure 
by which "judicial" punishment may be imposed. 
The three parts of Chapter 3, taken together, are 
thus a comprehensive description of the substantive 
offenses which prisoners of war may commit during 
their imprisonment, of the penalties which may be 
imposed on account of such offenses, and of the 
procedure by which guilt may be adjudged and 
sentence pronounced. 

We think it clear, from the context of these 
recited provisions, that part 3, and Article 63 which 
it contains, apply only to judicial proceedings directed 
against a prisoner of war for offenses committed 
while a prisoner of war. Section V gives no indica- 
tion that this part was designed to deal with offenses 
other than those referred to in parts 1 and 2 of 
Chapter 3. 

We cannot say that the commission, in admitting 
evidence to which objection is now made, violated 
any act of Congress, treaty or military command 

Article 49 recites that prisoners "given disciplinary punishment may not be 
deprived of the prerogatives attached to their rank." Articles 50 and 51 deal 
with escaped prisoners who have been retaken or prisoners who have attempted 
to escape. Article 52 provides: "Belligerents shall see that the competent 
authorities exercise the greatest leniency in deciding the question of whether an 
infraction committed by a prisoner of war should be punished by disciplinary 
or judicial measures. This shall be the case especially when it is a question 
of deciding on acts in connection with escape or attempted escape * * * 
A prisoner may not be punished more than once because of the same act or 
the same count." 



346 

defining the commission's authority. For reasons 
already stated we hold that the commission's rulings 
on evidence and on the mode of conducting these 
proceedings against petitioner are not reviewable by 
the courts, but only by the reviewing military au- 
thorities. From this viewpoint it is unnecessary to 
consider what, in other situations, the Fifth Amend- 
ment might require, and as to that no intimation 
one way or the other is to be implied. Nothing we 
have said is to be taken as indicating any opinion 
on the question of the wisdom of considering such 
evidence, or whether the action of a military tribunal 
in admitting evidence, which Congress or controlling 
military command has directed to be excluded, may 
be drawn in question by petition for habeas corpus 
or prohibition. 

Effect of failure to give notice of the trial to the pro- 
tecting power. — Article 60 of the Geneva Convention 
of July 27, 1929, 47 Stat. 2051, to which the United 
States and Japan were signatories, provides that "At 
the opening of a judicial proceeding directed against 
a prisoner of war, the detaining Power shall advise 
the representative of the protecting Power thereof as 
soon as possible, and always before the date set for 
the opening of the trial." Petitioner relies on the 
failure to give the prescribed notice to the protecting 
power 9 to establish want of authority in the com- 
mission to proceed with the trial. 

For reasons already stated we conclude that Arti- 
cle 60 of the Geneva Convention, which appears in 
part 3, Chapter 3, § V, Title III of the Geneva Con- 
vention, applies only to persons who are subjected 

9 Switzerland, at the time of the trial, was the power designated by Japan 
for the protection of Japanese prisoners of war detained by the United States , 
except in Hawaii. U. S. Dept. of State Bull., Vol. XIII, No. 317, p. 125. 



347 

to judicial proceedings for offenses committed while 
prisoners of war. 10 

10 One of the items of the bill of particulars, in support of the charge against 
petitioner, specifies that he permitted members of the armed forces under his 
command to try and execute three named and other prisoners of war, "subject- 
ing to trial without prior notice to a representative of the protecting power, 
without opportunity to defend, and without counsel; denying opportunity to 
appeal from the sentence rendered; failing to notify the protecting power of 
the sentence pronounced; and executing a death sentence without communi- 
cating to the representative of the protecting power the nature and circum- 
stances of the offense charged." It might be suggested that if Article 60 is 
inapplicable to petitioner it is inapplicable in the cases specified, and that hence 
he could not be lawfully held or convicted on a charge of failing to require the 
notice, provided for in Article 60, to be given. 

As the Government insists, it does not appear from the charge and specifica- 
tions that the prisoners in question were not charged with offenses committed 
by them as prisoners rather than with offenses against the law of war com- 
mitted by them as enemy combatants. But apart from this consideration, 
independently of the notice requirements of the Geneva Convention, it is a 
violation of the law of war, on which there could be a conviction if supported 
by evidence, to inflict capital punishment on prisoners of war without affording 
to them opportunity to make a defense. 2 Winthrop, supra, *434— 435, 1241; 
Article 84, Oxford Manual, Laws and Customs of War on Land; U. S. War 
Dept., Basic Field Manual, Rules of Land Warfare (1940) par. 356; Lieber's 
Code, G. O. No. 100 (1863) Instructions for the Government of Armies of the 
United States in the Field, par. 12; Spaight, War Rights on Land, 462, n. 

Further, the commission, in making its findings, summarized as follows the 
charges, on which it acted, in three classes, any one of which, independently of 
the others if supported by evidence, would be sufficient to support the convic- 
tion: (1) execution or massacre without trial and maladministration generally 
of civilian internees and prisoners of war; (2) brutalities committed upon the 
civilian population, and (3) burning and demolition, without adequate military 
necessity, of a large number of homes, places of business, places of religious 
worship, hospitals, public buildings and educational institutions. 

The commission concluded: "(1) That a series of atrocities and other high 
crimes have been committed by members of the Japanese armed forces" under 
command of petitioner "against people of the United States, their allies and 
dependencies * * *; that they were not sporadic in nature but in many 
cases were methodically supervised by Japanese officers and noncommissioned 
officers"; (2) that during the period in question petitioner "failed to provide 
effective control of * * * [his] troops, as was required by the circumstances." 
The commission said: "* * * where murder and rape and vicious, revenge- 
ful actions are widespread offenses, and there is no effective attempt by a com- 
mander to discover and control the criminal acts, such a commander may be 
held responsible, even criminally liable, for the lawless acts of his troops, de- 
pending upon their nature and the circumstances surrounding them." 

The commission made no finding of non-compliance with the Geneva Con- 
vention. Nothing has been brought to our attention from which we could 

777534 — 48 23 



348 

It thus appears that the order convening the com- 
mission was a lawful order, that the commission was 
lawfully constituted, that petitioner was charged 
with violation of the law of war, and that the com- 
mission had authority to proceed with the trial, and 
in doing so did not violate any military, statutory, 
or constitutional command. We have considered, 
but find it unnecessary to discuss, other contentions 
which we find to be without merit. We therefore 
conclude that the detention of petitioner for trial and 
his detention upon his conviction, subject to the 
prescribed review by the military authorities, were 
lawful, and that the petition for certiorari, and leave 
to file in this Court petitions for writs of habeas 
corpus and prohibition should be, and they are 

Denied. 

Mr. Justice Jackson took no part in the con- 
sideration or decision of these cases. 

[Dissenting opinions by Mr. Justice Murphy and 
Mr. Justice Rutledge are not reproduced.] 

conclude that the alleged non-compliance with Article 60 of the Geneva Con- 
vention had any relation to the commission's finding of a series of atrocities 
committed by members of the forces under petitioner's command, and that he 
failed to provide effective control of his troops, as was required by the circum- 
stances; or which could support the petitions for habeas corpus on the ground 
that petitioner had been charged with or convicted for failure to require the 
notice prescribed by Article 60 to be given. 



VI. INTERNATIONAL AGREEMENTS ON CIVIL 

AVIATION 

Note. — Civil aviation has been the subject of general international legislation 
since 1919, the principal instruments being: the Convention on the Regulation 
of Aerial Navigation, Paris, 13 October 1919; the Inter-American Convention 
on Commercial Aviation, Habana, 20 February 1928; the Convention on Inter- 
national Air Transport, Warsaw, 12 October 1929; the Sanitary Convention for 
Aerial Navigation, The Hague, 12 April 1933; and the Convention relating to 
the Precautionary Attachment of Aircraft, Rome, 29 May 1933. A Conference 
on International Civil Aviation held at Chicago 1 November-7 December 1944, 
opened for signature four instruments: 1) an Interim Agreement on Interna- 
tional Civil Aviation; 2) a Convention on International Civil Aviation; 3) an 
International Air Services Transit Agreement: 4) an International Air Transport 
Agreement; plus twelve annexes dealing with recommended technical practices 
in air navigation. The Interim Agreement entered into force on 6 June 1945; 
the Provisional International Civil Aviation Organization (PICAO) which it 
created was replaced by the permanent International Civil Aviation Organiza- 
tion (ICAO) established under the Convention when the latter entered into force 
on 4 April 1947. On 15 July 1947, the Convention was in force between forty- 
three States; a protocol to the Convention adopted by the first Assembly of 
ICAO on 27 May 1947 had not entered into force on 1 October 1947. 

The Air Services Transit (or so-called "Two Freedoms") Agreement, is in 
force on 1 October 1947 between some twenty-nine States, including the United 
States and the United Kingdom. The Air Transport (or "Five Freedoms") 
Agreement was accepted by fifteen States; the United States announced its 
withdrawal from this Agreement on 25 July 1946, effective one year later. 
Similar announcements were made by Nicaragua, the Dominican Republic, 
and China in 1946. The pattern of current American policy is indicated in 
the United States-United Kingdom Air Services Agreement, signed in Bermuda 
on 11 February 1946. Agreement embodying the general principles of the Ber- 
muda Agreement have subsequently been negotiated by the United States with 
other States, including France, Belgium, Brazil, Australia, New Zealand, 
India, China, Peru, Argentina, Chile, Paraguay and South Africa. 

(27) Convention on International Civil Aviation, Chicago, 

7 December 1944 

(Treaties and Other International Acts Series 1591.) 
PREAMBLE 

Whereas the future development of international 
civil aviation can greatly help to create and preserve 
friendship and understanding among the nations 
and peoples of the world, yet its abuse can become 
a threat to the general security; and 

Whereas it is desirable to avoid friction and to 

349 



350 

promote that cooperation between nations and 
peoples upon which the peace of the world depends; 

Therefore, the undersigned governments having 
agreed on certain principles and arrangements in 
order that international civil aviation may be devel- 
oped in a safe and orderly manner and that interna- 
tional air transport services may be established on 
the basis of equality of opportunity and operated 
soundly and economically; 

Have accordingly concluded this Convention to 
that end. 

PART I. AIR NAVIGATION 

Chapter I. General Principles and Application 
of the Convention 

Article 1. — The contracting States recognize that 
every State has complete and exclusive sovereignty 
over the airspace above its territory. 

Article 2. — For the purposes of this Convention 
the territory of a State shall be deemed to be the 
land areas and territorial waters adjacent thereto 
under the sovereignty, suzerainty, protection or 
mandate of such State. 

Article 3. — (a) This Convention shall be appli- 
cable only to civil aircraft, and shall not be applicable 
to state aircraft. 

(b) Aircraft used in military, customs and police 
services shall be deemed to be state aircraft. 

(c) No state aircraft of a contracting State shall 
fly over the territory of another State or land thereon 
without authorization by special agreement or other- 
wise, and in accordance with the terms thereof. 

(d) The contracting States undertake, when issu- 
ing regulations for their state aircraft, that they 
will have due regard for the safety of navigation of 
civil aircraft. 



351 

Article 4. — Each contracting State agrees not 
to use civil aviation for any purpose inconsistent 
with the aims of this Convention. 

Chapter II. Flight Over Territory of Con- 
tracting States 

Article 5. — Each contracting State agrees that 
all aircraft of the other contracting States, being 
aircraft not engaged in scheduled international air 
services shall have the right, subject to the observ- 
ance of the terms of this Convention, to make flights 
into or in transit non-stop across its territory and 
to make stops for non-traffic purposes without the 
necessity of obtaining prior permission, and subject 
to the right of the State flown over to require landing. 
Each contracting State nevertheless reserves the 
right, for reasons of safety of flight, to require air- 
craft desiring to proceed over regions which are inac- 
cessible or without adequate air navigation facilities 
to follow prescribed routes, or to obtain special 
permission for such flights. 

Such aircraft, if engaged in the carriage of pas- 
sengers, cargo, or mail for remuneration or hire on 
other than scheduled international air services, shall 
also, subject to the provisions of Article 7, have the 
privilege of taking on or discharging passengers, 
cargo, or mail, subject to the right of any State 
where such embarkation or discharge takes place 
to impose such regulations, conditions or limitations 
as it may consider desirable. 

Article 6. — No scheduled international air service 
may be operated over or into the territory of a 
contracting State, except with the special permission 
or other authorization of that State, and in accord- 
ance with the terms of such permission or authori- 
zation. 



352 

Article 7. — Each contracting State shall have the 
right to refuse permission to the aircraft of other 
contracting States to take on in its territory pas- 
sengers, mail and cargo carried for remuneration or 
hire and destined for another point within its ter- 
ritory. Each contracting State undertakes not to 
enter into any arrangements which specifically grant 
any such privilege on an exclusive basis to any other 
State or an airline or any other State, and not to 
obtain any such exclusive privilege from any other 
State. 

Article 8. — No aircraft capable of being flown 
without a pilot shall be flown without a pilot over the 
territory of a contracting State without special 
authorization by that State and in accordance with 
the terms of such authorization. Each contracting 
State undertakes to insure that the flight of such 
aircraft without a pilot in regions open to civil air- 
craft shall be so controlled as to obviate danger to 
civil aircraft. 

Article 9. — (a) Each contracting State may, for 
reasons of military necessity or public safety, restrict 
or prohibit uniformly the aircraft of other States 
from flying over certain areas of its territory, pro- 
vided that no distinction in this respect is made 
between the aircraft of the State whose territory is 
involved, engaged in international scheduled airline 
services, and the aircraft of the other contracting 
States likewise engaged. Such prohibited areas shall 
be of reasonable extent and location so as not to 
interfere unnecessarily with air navigation. Descrip- 
tions of such prohibited areas in the territory of a 
contracting State, as well as any subsequent altera- 
tions therein, shall be communicated as soon as 
possible to the other contracting States and to the 
International Civil Aviation Organization. 

(b) Each contracting State reserves also the right, 



353 

in exceptional circumstances or during a period of 
emergency, or in the interest of public safety, and 
with immediate effect, temporarily to restrict or 
prohibit flying over the whole or any part of its 
territory, on condition that such restriction or pro- 
hibition shall be applicable without distinction of 
nationality to aircraft of all other States. 

(c) Each contracting State, under such regulations 
as it may prescribe, may require any aircraft entering 
the areas contemplated in subparagraphs (a) or (b) 
above to effect a landing as soon as practicable 
thereafter at some designated airport within its 
territory. 

Article 10. — Except in a case where, under the 
terms of this Convention or a special authorization 
aircraft are permitted to cross the territory of a 
contracting State without landing, every aircraft 
which enters the territory of a contracting State 
shall, if the regulations of that State so require, land 
at an airport designated by that State for the pur- 
pose of customs and other examination. On de- 
parture from the territory of a contracting State, 
such aircraft shall depart from a similarly designated 
customs airport. Particulars of all designated cus- 
toms airports shall be published by the State and 
transmitted to the International Civil Aviation 
Organization established under Part II of this Con- 
vention for communication to all other contracting 
States. 

Article 11. — Subject to the provisions of this 
Convention, the laws and regulations of a contracting 
State relating to the admission to or departure from 
its territory of aircraft engaged in international air 
navigation, or to the operation and navigation of such 
aircraft while within its territory, shall be applied 
to the aircraft of all contracting States without 
distinction as to nationality, and shall be complied 



354 

with by such aircraft upon entering or departing 
from or while within the territory of that State. 

Article 12. — Each contracting State undertakes 
to adopt measures to insure that every aircraft 
flying over or maneuvering within its territory and 
that every aircraft carrying its nationality mark, 
wherever such aircraft may be, shall comply with 
the rules and regulations relating to the flight and 
maneuver of aircraft there in force. Each con- 
tracting State undertakes to keep its own regulations 
in these respects uniform, to the greatest possible 
extent, with those established from time to time 
under this Convention. Over the high seas, the 
rules in force shall be those established under this 
Convention. Each contracting State undertakes to 
insure the prosecution of all persons violating the 
regulations applicable. 

Article 13. — The laws and regulations of a con- 
tracting State as to the admission to or departure 
from its territory of passengers, crew or cargo of 
aircraft, such as regulations relating to entry, clear- 
ance, immigration, passports, customs, and quaran- 
tine shall be complied with by or on behalf of such 
passengers, crew or cargo upon entrance into or 
departure from, or while within the territory of that 
State. 

Article 14. — Each contracting State agrees to 
take effective measures to prevent the spread by 
means of air navigation of cholera, typhus, 
(epidemic), smallpox, yellow fever, plague, and such 
other communicable diseases as the contracting 
States shall from time to time decide to designate, 
and to that end contracting States will keep in close 
consultation with the agencies concerned with inter- 
national regulations relating to sanitary measures 
applicable to aircraft. Such consultation shall be 
without prejudice to the application of any existing 



355 

international convention on this subject to which the 
contracting States may be parties. 

Article IS. — Every airport in a contracting State 
which is open to public use by its national aircraft 
shall likewise. object to the provisions of Article 68, 
be open under uniform conditions to the aircraft 
of all the other contracting States. The like uniform 
conditions shall apply to the use, by aircraft of every 
contracting State, of all air navigation facilities, 
including' radio and meteorological services, which 
may be provided for public use for the safety and 
expedition of air navigation. 

Any charges that may be imposed or permitted 
to be imposed by a contracting State for the use of 
such airports and air navigation facilities by the air- 
craft of any other contracting State shall not be 
higher, 

(a) As to aircraft not engaged in scheduled inter- 
national air services, than those that would be paid 
by its national aircraft of the same class engaged in 
similar operations, and 

(b) As to aircraft engaged in scheduled interna- 
tional air services, than those that would be paid by 
its national aircraft engaged in similar international 
air services. 

All such charges shall be published and com- 
municated to the International Civil Aviation Organ- 
ization: provided that, upon representation by an 
interested contracting State, the charges imposed for 
the use of airports and other facilities shall be subject 
to review by the Council, which shall report and make 
recommendations thereon for the consideration of 
the State or States concerned. No fees, dues or 
other charges shall be imposed by any contracting 
State in respect solely of the right of transit over or 
entry into or exit from its territory of any aircraft 



356 

of a contracting State or persons or property there- 
on. 

Article 16. — The appropriate authorities of each 
of the contracting States shall have the right, with- 
out unreasonable delay, to search aircraft of the 
other contracting States on landing or departure, 
and to inspect the certificates and other documents 
prescribed by this Convention. 

Chapter III. Nationality of Aircraft 

Article 17. — Aircraft have the nationality of the 
State in which they are registered. 

Article 18. — An aircraft cannot be validly regis- 
tered in more than one State, but its registration 
may be changed from one State to another. 

Article 19. — The registration or transfer of 
registration of aircraft in any contracting State shall 
be made in accordance with its laws and regulations. 

Article 20. — Every aircraft engaged in interna- 
tional air navigation shall bear its appropriate 
nationality and registration marks. 

Article 21. — Each contracting State undertakes 
to supply to any other contracting State or to the 
International Civil Aviation Organization, on de- 
mand, information concerning the registration and 
ownership of any particular aircraft registered in that 
State. In addition, each contracting State shall 
furnish reports to the International Civil Aviation 
Organization, under such regulations as the latter 
may prescribe, giving such pertinent data as can be 
made available concerning the ownership and con- 
trol of aircraft registered in that State and habitually 
engaged in international air navigation. The data 
thus obtained by the International Civil Aviation 
Organization shall be made available by it on request 
to the other contracting States. 



357 

Chapter IV. Measures to Facilitate Air 

Navigation 

Article 22. — Each contracting State agrees to 
adopt all practicable measures, through the issuance 
of special regulations or otherwise, to facilitate and 
expedite navigation by aircraft between the territories 
of contracting States, and to prevent unnecessary 
delays to aircraft, crews, passengers and cargo, 
especially in the administration of the laws relating 
to immigration, quarantine, customs and clearance. 

Article 23. — Each contracting State undertakes, 
so far as it may find practicable, to establish customs 
and immigration procedures affecting international 
air navigation in accordance with the practices 
which may be established or recommended from 
time to time, pursuant to this Convention. Nothing 
in this Convention shall be construed as preventing 
the establishment of customs-free airports. 

Article 24. — (a) Aircraft on a flight to, from, or 
across the territory of another contracting State shall 
be admitted temporarily free of duty, subject to the 
customs regulations of the State. Fuel, lubricating 
oils, spare parts, regular equipment and aircraft 
stores on board an aircraft of a contracting State, on 
arrival in the territory of another contracting State 
and retained on board on leaving the territory of that 
State shall be exempt from customs duty, inspection 
fees or similar national or local duties and charges. 
This exemption shall not apply to any quantities or 
articles unloaded, except in accordance with the 
customs regulations of the State, which may require 
that they shall be kept under customs supervision. 

(b) Spare parts and equipment imported into the 
territory of a contracting State for incorporation in or 
use on an aircraft of another contracting State 
engaged in international air navigation shall be 



358 

admitted free of customs duty, subject to compliance 
with the regulations of the State concerned, which 
may provide that the articles shall be kept under 
customs supervision and control. 

Article 25. — Each contracting State undertakes 
to provide such measures of assistance to aircraft in 
distress in its territory as it may find practicable, and 
to permit, subject to control by its own authorities, 
the owners of the aircraft or authorities of the State 
in which the aircraft is registered to provide such 
measures of assistance as may be necessitated by the 
circumstances. Each contracting State, when under- 
taking search for missing aircraft, will collaborate in 
coordinated measures which may be recommended 
from time to time pursuant to this Convention. 

Article 26. — In the event of an accident to an 
aircraft of a contracting State occurring in the terri- 
tory of another contracting State, and involving 
death or serious injury, or indicating serious technical 
defect in the aircraft or air navigation facilities, the 
State in which the accident occurs will institute an 
inquiry into the circumstances of the accident, in 
accordance, so far as its laws permit, with the pro- 
cedure which may be recommended by the Interna- 
tional Civil Aviation Organization. The State in 
which the aircraft is registered shall be given the 
opportunity to appoint observers to be present at the 
inquiry and the State holding the inquiry shall com- 
municate the report and findings in the matter to 
that State. 

Article 27. — (a) While engaged in international 
air navigation, any authorized entry of aircraft of a 
contracting State into the territory of another con- 
tracting State or authorized transit across the 
territory of such State with or without landings shall 
not entail any seizure or detention of the aircraft or 
any claim against the owner or operator thereof or 



359 

any other interference therewith by or on behalf of 
such State or any person therein, on the ground that 
the construction, mechanism, parts, accessories or 
operation of the aircraft is an infringement of any 
patent, design, or model duly granted or registered 
in the State whose territory is entered by the air- 
craft, it being agreed that no deposit of security in 
connection with the foregoing exemption from seizure 
or detention of the aircraft shall in any case be re- 
quired in the State entered by such aircraft. 

(b) The provisions of paragraph (a) of this Article 
shall also be applicable to the storage of spare parts 
and spare equipment for the aircraft and the right 
to use and install the same in the repair of an air- 
craft of a contracting State in the territory of any 
other contracting State, provided that any patented 
part or equipment so stored shall not be sold or dis- 
tributed internally in or exported commercially 
from the contracting State entered by the aircraft. 

(c) The benefits of this Article shall apply only to 
such States, parties to this Convention, as either (1) 
are parties to the International Convention for the 
Protection of Industrial Property and to any amend- 
ments thereof; or (2) have enacted patent laws which 
recognize and give adequate protection to inventions 
made by the nationals of the other States parties to 
this Convention. 

Article 28. — Each contracting State undertakes, 
so far as it may find practicable, to: 

(a) Provide, in its territory, airports, radio services, 
meterorological services and other air navigation 
facilities to facilitate international air navigation, 
in accordance with the standards and practices 
recommended or established from time to time, 
pursuant to this Convention; 

(b) Adopt and put into operation the appropriate 
standard systems of communications procedure, 



360 

codes, markings, signals, lighting, and other opera- 
tional practices and rules which may be recommended 
or established from time to time, pursuant to this 
Convention; 

(c) Collaborate in international measures to secure 
the publication of aeronautical maps and charts in 
accordance with standards which may be recom- 
mended or established from time to time, pursuant to 
this Convention. 

Chapter V. Conditions To Be Fulfilled With 
Respect to Aircraft 

Article 29. — Every aircraft of a contracting State, 
engaged in international navigation, shall carry the 
following documents in conformity with the con- 
ditions prescribed in this Convention: 

(a) Its certificate of registration; 

(b) Its certificate of airworthiness; 

(c) The appropriate licenses for each member of 
the crew; 

(d) Its journey logbook; 

(e) If it is equipped with radio apparatus, the 
aircraft radio station license; 

(f) If it carries passengers, a list of their names 
and places of embarkation and destination; 

(g) If it carries cargo, a manifest and detailed 
declarations of the cargo. 

Article 30. — (a) Aircraft of each contracting State 
may, in or over the territory of other contracting 
States, carry radio transmitting apparatus only if a 
license to install and operate such apparatus has been 
issued by the appropriate authorities of the State 
in which the aircraft is registered. The use of radio 
transmitting apparatus in the territory of the con- 
tracting State whose territory is flown over shall be in 
accordance with the regulations prescribed by that 
State. 



361 

(b) Radio transmitting apparatus may be used only 
by members of the flight crew who are provided with a 
special license for the purpose, issued by the appro- 
priate authorities of the State in which the aircraft 
is registered. 

Article 31. — Every aircraft engaged in interna- 
tional navigation shall be provided with a certificate 
of airworthiness issued or rendered valid by the State 
in which it is registered. 

Article 32. — (a) The pilot of every aircraft and 
the other members of the operating crew of every 
aircraft engaged in international navigation shall be 
provided with certificates of competency and licenses 
issued or rendered valid by the State in which the 
aircraft is registered. 

(b) Each contracting State reserves the right to 
refuse to recognize, for the purpose of flight above 
its own territory, certificates of competency and 
licenses granted to any of its nationals by another 
contracting State. 

Article 33. — Certificates of airworthiness and 
certificates of competency and licenses issued or 
rendered valid by the contracting State in which the 
aircraft is registered, shall be recognized as valid 
by the other contracting States, provided that the 
requirements under which such certificates or licenses 
were issued or rendered valid are equal to or above 
the minimum standards which may be established 
from time to time pursuant to this Convention. 

Article 34. — There shall be maintained in respect 
of every aircraft engaged in international navigation 
a journey log book in which shall be entered particu- 
lars of the aircraft, its crew and of each journey, in 
such form as may be prescribed from time to time 
pursuant to this Convention. 

Article 35. — (a) No munitions of war or imple- 
ments of war may be carried in or above the territory 



362 

of a State in aircraft engaged in international naviga- 
tion, except by permission of such State. Each State 
shall determine by regulations what constitutes mu- 
nitions of war or implements of war for the purposes 
of this Article, giving due consideration, for the 
purposes of uniformity, to such recommendations as 
the International Civil Aviation Organization may 
from time to time make. 

(b) Each contracting State reserves the right, for 
reasons of public order and safety, to regulate or pro- 
hibit the carriage in or above its territory of articles 
other than those enumerated in paragraph (a) : pro- 
vided that no distinction is made in this respect 
between its national aircraft engaged in international 
navigation and the aircraft of the other States so 
engaged; and provided further that no restriction 
shall be imposed which may interfere with the carriage 
and use on aircraft of apparatus necessary for the 
operation or navigation of the aircraft or the safety 
of the personnel or passengers. 

Article 36. — Each contracting State may prohibit 
or regulate the use of photographic apparatus in 
aircraft over its territory. 

Chapter VI. International Standards and Rec- 
ommended Practices 

Article 37. — Each contracting State undertakes 
to collaborate in securing the highest practicable de- 
gree of uniformity in regulations, standards, proce- 
dures, and organization in relation to aircraft, 
personnel, airways and auxiliary services in all 
matters in which such uniformity will facilitate and 
improve air navigation. 

To this end the International Civil Aviation 
Organization shall adopt and amend from time to 
time, as may be necessary, international standards 



363 

and recommended practices and procedures dealing 
with: 

(a) Communications systems and air navigation 
aids, including ground marking; 

(b) Characteristics of airports and landing areas; 

(c) Rules of the air and air traffic control practices; 

(d) Licensing of operating and mechanical per- 
sonnel; 

(e) Airworthiness of aircraft; 

(/) Registration and identification of aircraft; 

(g) Collection and exchange of meteorological 
information; 

(A) Log books; 

(i) Aeronautical maps and charts; 

(J) Customs and immigration procedures; 

(k) Aircraft in distress and investigation of ac- 
cidents; 

and such other matters concerned with the safety, 
regularity, and efficiency of air navigation as may 
from time to time appear appropriate. 

Article 38. — Any State which finds it impracti- 
cable to comply in all respects with any such in- 
ternational standard or procedure, or to bring its 
own regulations or practices into full accord with any 
international standard or procedure after amend- 
ment of the latter, or which deems it necessary to 
adopt regulations or practices differing in any 
particular respect from those established by an 
international standard, shall give immediate notifi- 
cation to the International Civil Aviation Organiza- 
tion of the differences between its own practice and 
that established by the international standard. In 
the case of amendments to international standards, 
any State which does not make the appropriate 
amendments to its own regulations or practices shall 
give notice to the Council within sixty days of the 

777534 — 48 24 



364 

adoption of the amendment to the international 
standard, or indicate the action which it proposes 
to take. In any such case, the Council shall make 
immediate notification to all other States of the 
difference which exists between one or more features 
of an international standard and the corresponding 
national practice of that State. 

Article 39. — (a) Any aircraft or part thereof 
with respect to which there exists an international 
standard of airworthiness or performance, and which 
failed in any respect to satisfy that standard at the 
time of its certification, shall have endorsed on or 
attached to its airworthiness certificate a complete 
enumeration of the details in respect of which it so 
failed. 

(b) Any person holding a license who does not 
satisfy in full the conditions laid down in the in- 
ternational standard relating to the class of license 
or certificate which he holds shall have endorsed on 
or attached to his license a complete enumeration of 
the particulars in which he does not satisfy such 
conditions. 

Article 40. — No aircraft or personnel having 
certificates or licenses so endorsed shall participate 
in international navigation, except with the per- 
mission of the State or States whose territory is 
entered. The registration or use of any such air- 
craft, or of any certificated aircraft part, in any 
State other than that in which it was originally 
certificated shall be at the discretion of the State 
into which the aircraft or part is imported. 

Article 41. — The provisions of this Chapter shall 
not apply to aircraft and aircraft equipment of types 
of which the prototype is submitted to the appro- 
priate national authorities for certification prior to 
a date three years after the date of adoption of an 



365 

international standard of airworthiness for such 
equipment. 

Article 42. — The provisions of this Chapter 
shall not apply to personnel whose licenses are orig- 
inally issued prior to a date one year after initial 
adoption of an international standard of qualifica- 
tion for such personnel; but they shall in any case 
apply to all personnel whose licenses remain valid 
five years after the date of adoption of such standard. 

PART II. THE INTERNATIONAL CIVIL 
AVIATION ORGANIZATION 

Chapter VII. The Organization 

Article 43. — An organization to be named the 
International Civil Aviation Organization is formed 
by the Convention. It is made up of an Assembly, 
a Council, and such other bodies as may be necessary. 

Article 44. — The aims and objectives of the Or- 
ganization are to develop the principles and tech- 
niques of international air navigation and to foster 
the planning and development of international air 
transport so as to: 

(a) Insure the safe and orderly growth of inter- 
national civil aviation throughout the world; 

(b) Encourage the arts of aircraft design and 
operation for peaceful purposes; 

(c) Encourage the development of airways, air- 
ports, and air navigation facilities for international 
civil aviation; 

(d) Meet the needs of the peoples of the world for 
safe, regular, efficient and economical air transport; 

(e) Prevent economic waste caused by unreason- 
able competition; 

(/) Insure that the rights of contracting States 
are fully respected and that every contracting State 



366 

has a fair opportunity to operate international air- 
lines; 

(g) Avoid discrimination between contracting 
States: 

(h) Promote safety of flight in international air 
navigation; 

(i) Promote generally the development of all 
aspects of international civil aeronautics. 

Article 45. — The permanent seat of the Organi- 
zation shall be at such place as shall be determined 
at the final meeting of the Interim Assembly of the 
Provisional International Civil Aviation Organiza- 
tion set up by the Interim Agreement on Interna- 
tional Civil Aviation signed at Chicago on December 
7, 1944. The seat may be temporarily transferred 
elsewhere by decision of the Council. 

Article 46. — The first meeting of the Assembly 
shall be summoned by the Interim Council of the 
above-mentioned Provisional Organization as soon 
as the Convention has come into force, to meet at a 
time and place to be decided by the Interim Council. 

Article 47. — The Organization shall enjoy in the 
territory of each contracting State such legal capacity 
as may be necessary for the performance of its func- 
tions. Full juridical personality shall be granted 
wherever compatible with the constitution and laws 
of the State concerned. 

Chapter VIII. The Assembly 

Article 48. — (a) The Assembly shall meet an- 
nually and shall be convened by the Council at a 
suitable time and place. Extraordinary meetings 
of the Assembly may be held at any time upon the 
call of the Council or at the request of any ten con- 
tracting States addressed to the Secretary General. 

(b) All contracting States shall have an equal right 
to be represented at the meetings of the Assembly 



367 

and each contracting State shall be entitled to one 
vote. Delegates representing contracting States may 
be assisted by technical advisers who may participate 
in the meetings but shall have no vote. 

(c) A majority of the contracting States is required 
to constitute a quorum for the meetings of the As- 
sembly. Unless otherwise provided in this Conven- 
tion, decisions of the Assembly shall be taken by a 
majority of the votes cast. 

Article 49. — The powers and duties of the As- 
sembly shall be to: 

(a) Elect at each meeting its President and other 
officers; 

(b) Elect the contracting States to be represented 
on the Council, in accordance with the provisions of 
Chapter IX; 

(c) Examine and take appropriate action on the 
reports of the Council and decide on any matter re- 
ferred to it by the Council; 

(d) Determine its own rules of procedure and 
establish such subsidiary commissions as it may con- 
sider to be necessary or desirable; 

(e) Vote an annual budget and determine the 
financial arrangements of the Organization, in ac- 
cordance with the provisions of Chapter XII; 

(/*) Review expenditures and approve the accounts 
of the Organization; 

(g) Refer, at its discretion, to the Council, to 
subsidiary commissions, or to any other body any 
matter within its sphere of action; 

(h) Delegate to the Council the powers and 
authority necessary or desirable for the discharge of 
the duties of the Organization and revoke or modify 
the delegations of authority at any time; 

(i) Carry out the appropriate provisions of 
Chapter XIII; 

(J) Consider proposals for the modification or 



368 

amendment of the provisions of this Convention and, 
if it approves of the proposals, recommend them to 
the contracting States in accordance with the pro- 
visions of Chapter XXI; 

(k) Deal with any matter within the sphere of 
action of the Organization not specifically assigned 
to the Council. 

Chapter IX. The Council 

Article 50. — (a) The Council shall be a perma- 
nent body responsible to the Assembly. It shall be 
composed of twenty-one contracting States elected 
by the Assembly. An election shall be held at the 
first meeting of the Assembly and thereafter every 
three years, and the members of the Council so 
elected shall hold office until the next following 
election. 

(b) In electing the members of the Council, the 
Assembly shall give adequate representation to (1) 
the States of chief importance in air transport; (2) 
the States not otherwise included which make the 
largest contribution to the provision of facilities for 
international civil air navigation; and (3) the States 
not otherwise included whose designation will insure 
that all the major geographic areas of the world are 
represented on the Council. Any vacancy on the 
Council shall be filled by the Assembly as soon as 
possible; any contracting State so elected to the 
Council shall hold office for the unexpired portion 
of its predecessor's term of office. 

(c) No representative of a contracting State on the 
Council shall be actively associated with the opera- 
tion of an international air service or financially in- 
terested in such a service. 

Article 51. — The Council shall elect its President 
for a term of three years. He may be reelected. 
He shall have no vote. The Council shall elect from 



369 

among its members one or more Vice Presidents who 
shall retain their right to vote when serving as acting 
President. The President need not be selected from 
among the representatives of the members of the 
Council but, if a representative is elected, his seat shall 
be deemed vacant and it shall be filled by the State 
which he represented. The duties of the President 
shall be to: 

(a) Convene meetings of the Council, the Air 
Transport Committee, and the Air Navigation Com- 
mission; 

(b) Serve as representative of the Council; and 

(c) Carry out on behalf of the Council the func- 
tions which the Council assigns to him. 

Article 52. — Decisions by the Council shall re- 
quire approval by a majority of its members. The 
Council may delegate authority with respect to any 
particular matter to a committee of its members. 
Decisions of any committee of the Council may be 
appealed to the Council by any interested contract- 
ing State. 

Article S3. — Any contracting State may parti- 
cipate, without a vote, in the consideration by the 
Council and by its committees and commissions of 
any question which especially affects its interests. 
No member of the Council shall vote in the considera- 
tion by the Council of a dispute to which it is a 
party. 

Article 54. — The Council shall: 

(a) Submit annual reports to the Assembly; 

(b) Carry out the directions of the Assembly and 
discharge the duties and obligations which are laid on 
it by this Convention; 

(c) Determine its organization and rules of pro- 
cedure; 

(d) Appoint and define the duties of an Air Trans- 
port Committee, which shall be chosen from among 



370 

the representatives of the members of the Council, 
and which shall be responsible to it; 

(e) Establish an Air Navigation Commission, in 
accordance with the provisions of Chapter X; 

(/) Administer the finances of the Organization in 
accordance with the provisions of Chapters XII and 
XV; 

(g) Determine the emoluments of the President of 
the Council; 

(h) Appoint a chief executive officer who shall be 
called the Secretary General, and make provision for 
the appointment of such other personnel as may be 
necessary, in accordance with the provisions of Chap- 
ter XI; 

(z) Request, collect, examine and publish informa- 
tion relating to the advancement of air navigation 
and the operation of international air services, in- 
cluding information about the costs of operation and 
particulars of subsidies paid to airlines from public 
funds; 

(j) Report to contracting States any infraction of 
this Convention, as well as any failure to carry out 
recommendations or determinations of the Council; 

(k) Report to the Assembly any infraction of this 
Convention where a contracting State has failed to 
take appropriate action within a reasonable time 
after notice of the infraction; 

(/) Adopt, in accordance with the provisions of 
Chapter VI of this Convention, international stand- 
ards and recommended practices; for convenience, 
designate them as Annexes to this Convention; and 
notify all contracting States of the action taken; 

(m) Consider recommendations of the Air Navi- 
gation Commission for amendment of the Annexes 
and take action in accordance with the provisions of 
Chapter XX; 



371 

(n) Consider any matter relating to the Conven- 
tion which any contracting State refers to it. 
Article 55. — The Council may: 

(a) Where appropriate and as experience may show- 
to be desirable, create subordinate air transport com- 
missions on a regional or other basis and define groups 
of states or airlines with or through which it may deal 
to facilitate the carrying out of the aims of this Con- 
vention; 

(b) Delegate to the Air Navigation Commission 
duties additional to those set forth in the Convention 
and revoke or modify such delegations of authority 
at any time; 

(c) Conduct research into all aspects of air trans- 
port and air navigation which are of international 
importance, communicate the results of its research 
to the contracting States, and facilitate the exchange 
of information between contracting States on air 
transport and air navigation matters; 

(d) Study any matters affecting the organization 
and operation of international air transport, includ- 
ing the international ownership and operation of 
international air services on trunk routes, and submit 
to the Assembly plans in relation thereto; 

(e) Investigate, at the request of any contracting 
State, any situation which may appear to present 
avoidable obstacles to the development of interna- 
tional air navigation; and, after such investigation, 
issue such reports as may appear to it desirable. 

Chapter X. The Air Navigation Commission 

Article 56. — The Air Navigation Commission 
shall be composed of twelve members appointed by 
the Council from among persons nominated by con- 
tracting States. These persons shall have suitable 
qualifications and experience in the science and prac- 
tice of aeronautics. The Council shall request all 



372 

contracting States to submit nominations. The Pres- 
ident of the Air Navigation Commission shall be 
appointed by the Council. 

Article 57. — The Air Navigation Commission 
shall: 

(a) Consider, and recommend to the Council for 
adoption, modifications of the Annexes to this 
Convention; 

(b) Establish technical subcommissions on which 
any contracting State may be represented, if it so 
desires; 

(c) Advise the Council concerning the collection 
and communication to the contracting States of all 
information which it considers necessary and useful 
for the advancement of air navigation. 

Chapter XL Personnel 

Article 58. — Subject to any rules laid down by the 
Assembly and to the provisions of this Convention, 
the Council shall determine the method of appoint- 
ment and of termination of appointment, the train- 
ing, and the salaries, allowances, and conditions of 
service of the Secretary General and other personnel 
of the Organization, and may employ or make use of 
the services of nationals of any contracting State. 

Article 59. — The President of the Council, the 
Secretary General, and other personnel shall not seek 
or receive instructions in regard to the discharge of 
their responsibilities from any authority external to 
the Organization. Each contracting State under- 
takes fully to respect the international character of 
the responsibilities of the personnel and not to seek 
to influence any of its nationals in the discharge of 
their responsibilities. 

Article 60.— Each contracting State undertakes, 
so far as possible under its constitutional procedure, 
to accord to the President of the Council, the Sec- 



373 

retary General, and the other personnel of the 
Organization, the immunities and privileges which 
are accorded to corresponding personnel of other 
public international organizations. If a general 
international agreement on the immunities and 
privileges of international civil servants is arrived 
at, the immunities and privileges accorded to the 
President, the Secretary General, and the other per- 
sonnel of the Organization shall be the immunities 
and privileges accorded under that general inter- 
national agreement. 

Chapter XII. Finance 

Article 61. — The Council shall submit to the 
Assembly an annual budget, annual statements of 
accounts and estimates of all receipts and expendi- 
tures. The Assembly shall vote the budget with 
whatever modification it sees fit to prescribe, and, 
with the exception of assessments under Chapter XV 
to States consenting thereto, shall apportion the 
expenses of the Organization among the contracting 
States on the basis which it shall from time to time 
determine. 

Article 62. — The Assembly may suspend the 
voting power in the Assembly and in the Council 
of any contracting State that fails to discharge within 
a reasonable period its financial obligations to the 
Organization. 

Article 63. — Each contracting State shall bear 
the expenses of its own delegation to the Assembly 
and the remuneration, travel, and other expenses of 
any person whom it appoints to serve on the Council, 
and of its nominees or representatives on any 
subsidiary committees or commissions of the 
Organization. 



374 

Chapter XIII. Other International 
Arrangements 

Article 64. — The Organization may, with respect 
to air matters within its competence directly affect- 
ing world security, by vote of the Assembly enter 
into appropriate arrangements with any general 
organization set up by the nations of the world to 
preserve peace. 

Article 65. — The Council, on behalf of the Organ- 
ization, may enter into agreements with other inter- 
national bodies for the maintenance of common 
services and for common arrangements concerning 
personnel and, with the approval of the Assembly, 
may enter into such other arrangements as may 
facilitate the work of the Organization. 

Article 66. — (a) The Organization shall also 
carry out the functions placed upon it by the Inter- 
national Air Services Transit Agreement and by the 
International Air Transport Agreement drawn up at 
Chicago on December 7, 1944, in accordance with the 
terms and conditions therein set forth. 

(b) Members of the Assembly and the Council who 
have not accepted the International Air Services 
Transit Agreement or the International Air Trans- 
port Agreement drawn up at Chicago on December 7, 
1944 shall not have the right to vote on any questions 
referred to the Assembly or Council under the pro- 
visions of the relevant Agreement. 

PART III. INTERNATIONAL AIR 
TRANSPORT 

Chapter XIV. Information and Reports 

Article 67. — Each contracting State undertakes 
that its international airlines shall, in accordance 
with requirements laid down by the Council, file with 
the Council traffic reports, cost statistics and financial 



375 

statements showing among other things all receipts 
and the sources thereof. 

Chapter XV. Airports and Other Air Naviga- 
tion Facilities 

Article 68. — Each contracting State may, subject 
to the provisions of this Convention, designate the 
route to be followed within its territory by any inter- 
national air service and the airports which any such 
service may use. 

Article 69. — If the Council is of the opinion that 
the airports or other air navigation facilities, includ- 
ing radio and meteorological services, of a contract- 
ing State are not reasonably adequate for the safe, 
regular, efficient, and economical operation of inter- 
national air services, present or contemplated, the 
Council shall consult with the State directly con- 
cerned, and other States affected, with a view to 
finding means by which the situation may be reme- 
died, and may make recommendations for that 
purpose. No contracting State shall be guilty of an 
infraction of this Convention if it fails to carry out 
these recommendations. 

Article 70. — A contracting State, in the circum- 
stances arising under the provisions of Article 69, 
may conclude an arrangement with the Council for 
giving effect to such recommendations. The State 
may elect to bear all of the costs involved in any such 
arrangement. If the State does not .so elect, the 
Council may agree, at the request of the State, to 
provide for all or a portion of the costs. 

Article 71. — If a contracting State so requests, 
the Council may agree to provide, man, maintain, and 
administer any or all of the airports and other air 
navigation facilities, including radio and meteorolog- 
ical services, required in its territory for the safe, 
regular, efficient and economical operation of the 



376 

international air services of the other contracting 
States, and may specify just and reasonable charges 
for the use of the facilities provided. 

Article 72. — Where land is needed for facilities 
financed in whole or in part by the Council at the 
request of a contracting State, that State shall either 
provide the land itself, retaining title if it wishes, or 
facilitate the use of the land by the Council on just 
and reasonable terms and in accordance with the 
laws of the State concerned. 

Article 73. — Within the limit of the funds which 
may be made available to it by the Assembly under 
Chapter XII, the Council may make current expend- 
itures for the purposes of this Chapter from the 
general funds of the Organization. The Council 
shall assess the capital funds required for the pur- 
poses of this Chapter in previously agreed propor- 
tions over a reasonable period of time to the con- 
tracting States consenting thereto whose airlines use 
the facilities. The Council may also assess to States 
that consent any working funds that are required. 

Article 74. — When the Council, at the request of 
a contracting State, advances funds or provides air- 
ports or other facilities in whole or in part, the ar- 
rangement may provide, with the consent of that 
State, for technical assistance in the supervision and 
operation of the airports and other facilities, and for 
the payment, from the revenues derived from the 
operation of the airports and other facilities, of the 
operating expenses of the airports and the other 
facilities, and of interest and amortization charges. 

Article 75. — A contracting State may at any 
time discharge any obligation into which it has 
entered under Article 70, and take over airports and 
other facilities which the Council has provided in its 
territory pursuant to the provisions of Articles 71 
and 72, by paying to the Council an amount which 



377 

in the opinion of the Council is reasonable in the 
circumstances. If the State considers that the 
amount fixed by the Council is unreasonable it may 
appeal to the Assembly against the decision of the 
Council and the Assembly may confirm or amend the 
decision of the Council. 

Article 76. — Funds obtained by the Council 
through reimbursement under Article 75 and from 
receipts of interest and amortization payments under 
Article 74 shall, in the case of advances originally 
financed by States under Article 73, be returned to 
the States which were originally assessed in the 
proportion of their assessments, as determined by 
the Council. 

Chapter XVI. Joint Operating Organizations 
and Pooled Services 

Article 77. — Nothing in this Convention shall 
prevent two or more contracting States from con- 
stituting joint air transport operating organizations 
or international operating agencies and from pooling 
their air services on any routes or in any regions, 
but such organizations or agencies and such pooled 
services shall be subject to all the provisions of this 
Convention, including those relating to the regis- 
tration of agreements with the Council. The Council 
shall determine in what manner the provisions of this 
Convention relating to nationality of aircraft shall 
apply to aircraft operated by international operating 
agencies. 

Article 78. — The Council may suggest to con- 
tracting States concerned that they form joint 
organizations to operate air services on any routes 
or in any regions. 

Article 79. — A State may participate in joint 
operating organizations or in pooling arrangements, 
either through its government or through an airline 



378 

company or companies designated by its government. 
The companies may, at the sole discretion of the 
State concerned, be state-owned or partly state- 
owned or privately owned. 

PART IV. FINAL PROVISIONS 

Chapter XVII. Other Aeronautical Agreements 
and Arrangements 

Article 80. — Each contracting State undertakes, 
immediately upon the coming into force of this Con- 
vention, to give notice of denunciation of the Con- 
vention relating to the Regulation of Aerial Naviga- 
tion signed at Paris on October 13, 1919 or the 
Convention on Commercial Aviation signed at 
Habana on February 20, 1928, if it is a party to 
either. As between contracting States, this Con- 
vention supersedes the Conventions of Paris and 
Habana previously referred to. 

Article 81. — All aeronautical agreements which 
are in existence on the coming into force of this 
Convention, and which are between a contracting 
State and any other State or between an airline of a 
contracting State and any other State or the airline 
of any other State, shall be forthwith registered with 
the Council. 

Article 82. — The contracting States accept this 
Convention as abrogating all obligations and under- 
standings between them which are inconsistent with 
its terms, and undertake not to enter into any such 
obligations and understandings. A contracting State 
which, before becoming a member of the Organization 
has undertaken any obligations toward a non- 
contracting State or a national of a contracting State 
or of a non-contracting State inconsistent with the 
terms of this Convention, shall take immediate 
steps to procure its release from the obligations. If 



379 

an airline of any contracting State has entered into 
any such inconsistent obligations, the State of which 
it is a national shall use its best efforts to secure their 
termination forthwith and shall in any event cause 
them to be terminated as soon as such action can 
lawfully be taken after the coming into force of this 
Convention. 

Article 83. — Subject to the provisions of the pre- 
ceding Article, any contracting State may make 
arrangements not inconsistent with the provisions of 
this Convention. Any such arrangement shall be 
forthwith registered with the Council, which shall 
make it public as soon as possible. 

Chapter XVIII. Disputes and Default 

Article 84. If any disagreement between two or 
more contracting States relating to the interpreta- 
tion or application of this Convention and its Annexes 
cannot be settled by negotiation, it shall, on the 
application of any State concerned in the disagree- 
ment, be decided by the Council. No member of 
the Council shall vote in the consideration by the 
Council of any dispute to which it is a party. Any 
contracting State may, subject to Article 85, appeal 
from the decision of the Council to an ad hoc arbitral 
tribunal agreed upon with the other parties to the 
dispute or to the Permanent Court of International 
Justice. Any such appeal shall be notified to the 
Council within sixty days of receipt of notification of 
the decision of the Council. 

Article 85. — If any contracting State party to a 
dispute in which the decision of the Council is under 
appeal has not accepted the Statute of the Permanent 
Court of International Justice and the contracting 
States parties to the dispute cannot agree on the 
choice of the arbitral tribunal, each of the contracting 

777534 — 48 25 



380 

States parties to the dispute shall name a single 
arbitrator who shall name an umpire. If either 
contracting State party to the dispute fails to name 
an arbitrator within a period of three months from 
the date of the appeal, an arbitrator shall be named 
on behalf of that State by the President of the 
Council from a list of qualified and available persons 
maintained by the Council. If, within thirty days, 
the arbitrators cannot agree on an umpire, the 
President of the Council shall designate an umpire 
from the list previously referred to. The arbitrators 
and the umpire shall then jointly constitute an 
arbitral tribunal. Any arbitral tribunal established 
under this or the preceding Article shall settle its 
own procedure and give its decisions by majority 
vote, provided that the Council may determine 
procedural questions in the event of any delay which 
in the opinion of the Council is excessive. 

Article 86. — Unless the Council decides other- 
wise, any decision by the Council on whether an 
international airline is operating in conformity with 
the provisions of this Convention shall remain in 
effect unless reversed on appeal. On any other 
matter, decisions of the Council shall, if appealed 
from, be suspended until the appeal is decided. 
The decisions of the Permanent Court of Interna- 
tional Justice and of an arbitral tribunal shall be 
final and binding. 

Article 87. — Each contracting State undertakes 
not to allow the operation of an airline of a con- 
tracting State through the airspace above its territory 
if the Council has decided that the airline concerned 
is not conforming to a final decision rendered in 
accordance with the previous Article. 

Article 88. — The Assembly shall suspend the 
voting power in the Assembly and in the Council of 



381 

any contracting State that is found in default under 
the provisions of this Chapter. 

Chapter XIX. War 

Article 89. — In case of war, the provisions of this 
Convention shall not affect the freedom of action of 
any of the contracting States affected, whether as 
belligerents or as neutrals. The same principle shall 
apply in the case of . any contracting State which 
declares a state of national emergency and notifies 
the fact to the Council. 

Chapter XX. Annexes 

Article 90. — {a) The adoption by the Council of 
the Annexes described in Article 54, subparagraph 
(1), shall require the vote of two-thirds of the Council 
at a meeting called for that purpose and shall then be 
submitted by the Council to each contracting State. 
Any such Annex or any amendment of an Annex 
shall become effective within three months after its 
submission to the contracting States or at the end of 
such longer period of time as the Council may pre- 
scribe, unless in the meantime a majority of the con- 
tracting States register their disapproval with the 
Council. 

(b) The Council shall immediately notify all 
contracting States of the coming into force of any 
Annex or amendment thereto. , 

Chapter XXL Ratifications, Adherences, 
Amendments, and Denunciations 

Article 91. — (a) This Convention shall be subject 
to ratification by the signatory States. The instru- 
ments of ratification shall be deposited in the archives 
of the Government of the United States of America, 



382 

which shall give notice of the date of the deposit to 
each of the signatory and adhering States. 

(b) As soon as this Convention has been ratified or 
adhered to by twenty-six States it shall come into 
force between them on the thirtieth day after deposit 
of the twenty-sixth instrument. It shall come into 
force for each State ratifying thereafter on the 
thirtieth day after the deposit of its instrument of 
ratification. 

(c) It shall be the duty of the Government of the 
United States of America to notify the government of 
each of the signatory and adhering States of the date 
on which this Convention comes into force. 

Article 92. — (a) This Convention shall be open 
for adherence by members of the United Nations 
and States associated with them, and States which 
remained neutral during the present world conflict. 

(b) Adherence shall be effected by a notification 
addressed to the Government of the United States of 
America and shall take effect as from the thirtieth 
day from the receipt of the notification by the 
Government of the United States of America, which 
shall notify all the contracting States. 

Article 93. — States other than those provided for 
in Articles 91 and 92 (a) may, subject to approval by 
any general international organization set up by the 
nations of the world to preserve peace, be admitted 
to participation in this Convention by means of a 
four-fifths vote of the Assembly and on such condi- 
tions as the Assembly may prescribe; provided that 
in each case the assent of any State invaded or 
attacked during the present war by the State seeking 
admission shall be necessary. 

Article 94. — (a) Any proposed amendment to 
this Convention must be approved by a two-thirds 
vote of the Assembly and shall then come into force 
in respect of States which have ratified such amend- 



383 

ment when ratified by the number of contracting 
States specified by the Assembly. The number so 
specified shall not be less than two-thirds of the total 
number of contracting States. 

(b) If in its opinion the amendment is of such a 
nature as to justify this course, the Assembly in its 
resolution recommending adoption may provide that 
any State which has not ratified within a specified 
period after the amendment has come into force 
shall thereupon cease to be a member of the Organiza- 
tion and a party to the Convention. 

Article 95. — (a) Any contracting State may give 
notice of denunciation of this Convention three years 
after its coming into effect by notification addressed 
to the Government of the United States of America, 
which shall at once inform each of the contracting 
States. 

(b) Denunciation shall take effect one year from 
the date of the receipt of the notification and shall 
operate only as regards the State effecting the 
denunciation. 

Chapter XXII. Definitions 

Article 96. — For the purpose of this Convention 
the expression: 

(a) "Air service" means any scheduled air service 
performed by aircraft for the public transport of 
passengers, mail or cargo. 

(b) "International air service" means an air service 
which passes through the air space over the territory 
of more than one State. 

(c) "Airline" means any air transport enterprise 
offering or operating an international air service. 

(d) "Stop for non-traffic purposes" means a land- 
ing for any purpose other than taking on or discharg- 
ing passengers, cargo or maiL 



384 

Signature of Convention 

In witness whereof, the undersigned plenipoten- 
tiaries, having been duly authorized, sign this Con- 
vention on behalf of their respective governments on 
the dates appearing opposite their signatures. 

Done at Chicago the seventh day of December 
1944, in the English language. A text drawn up in 
the English, French, and Spanish languages, each of 
which shall be of equal authenticity, shall be open 
for signature at Washington, D. C. Both texts shall 
be deposited in the archives of the Government of the 
United States of America, and certified copies shall 
be transmitted by that Government to the govern- 
ments of all the States which may sign or adhere to 
this Convention. 

[Signatures omitted.] 

(28) International Air Services Transit Agreement, Chi- 
cago, 7 December 1944 

(Executive Agreement Series 487.) 

The States which sign and accept this International 
Air Services Transit Agreement, being members of the 
International Civil Aviation Organization, declare 
as follows: 

Article I. Section 1. — Each contracting State 
grants to the other contracting States the following 
freedoms of the air in respect of scheduled interna- 
tional air services: 

(1) The privilege to fly across its territory without 
landing; 

(2) The privilege to land for non-traffic purposes. 
The privileges of this section shall not be applicable 

with respect to airports utilized for military purposes 
to the exclusion of any scheduled international air 
services. In areas of active hostilities or of military 
occupation, and in time of war along the supply 
routes leading to such areas, the exercise of such 



385 

privileges shall be subject to the approval of the 
competent military authorities. 

Section 2. — The exercise of the foregoing privileges 
shall be in accordance with the provisions of the 
Interim Agreement on International Civil Aviation 
and, when it comes into force, with the provisions 
of the Convention on International Civil Aviation, 
both drawn up at Chicago on December 7, 1944. 

Section 3. — A contracting State granting to the air- 
lines of another contracting State the privilege to 
stop for non-traffic purposes may require such air- 
lines to offer reasonable commercial service at the 
points at which such stops are made. 

Such requirement shall not involve any discrimina- 
tion between airlines operating on the same route, 
shall take into account the capacity of the aircraft, 
and shall be exercised in such a manner as not to 
prejudice the normal operations of the international 
air services concerned or the rights and obligations 
of a contracting State. 

Section 4. — Each contracting State may, subject 
to the provisions of this Agreement, 

(1) Designate the route to be followed within its 
territory by any international air service and the 
airports which any such service may use; 

(2) Impose or permit to be imposed on any such 
service just and reasonable charges for the use of 
such airports and other facilities; these charges shall 
not be higher than would be paid for the use of such 
airports and facilities by its national aircraft engaged 
in similar international services : provided that, upon 
representation by an interested contracting State, 
the charges imposed for the use of airports and other 
facilities shall be subject to review by the Council of 
the International Civil Aviation Organization estab- 
lished under the above-mentioned Convention, which 



386 

shall report and make recommendations thereon for 
the consideration of the State or States concerned. 

Section 5. — Each contracting State reserves the 
right to withhold or revoke a certificate or permit to 
an air transport enterprise of another State in any 
case where it is not satisfied that substantial owner- 
ship and effective control are vested in nationals of 
a contracting State, or in case of failure of such air 
transport enterprise to comply with the laws of the 
State over which it operates, or to perform its obliga- 
tions under this Agreement. 

Article II. Section 1. — A contracting State which 
deems that action by another contracting State under 
this Agreement is causing injustice or hardship to it, 
may request the Council to examine the situation. 
The Council shall thereupon inquire into the matter, 
and shall call the States concerned into consultation. 
Should such consultation fail to resolve the difficulty, 
the Council may make appropriate findings and rec- 
ommendations to the contracting States concerned. 
If thereafter a contracting State concerned shall in 
the opinion of the Council unreasonably fail to take 
suitable corrective action, the Council may recom- 
mend to the Assembly of the above-mentioned Or- 
ganization that such contracting State be suspended 
from its rights and privileges under this Agreement 
until such action has been taken. The Assembly by 
a two-thirds vote may so suspend such contracting 
State for such period of time as it may deem proper 
or until the Council shall find that corrective action 
has been taken by such State. 

Section 2. — If any disagreement between two or 
more contracting States relating to the interpretation 
or application of this Agreement cannot be settled 
by negotiation, the provisions of Chapter XVIII of 
the above-mentioned Convention shall be applicable 
in the same manner as provided therein with reference 



387 

to any disagreement relating to the interpretation or 
application of the above-mentioned Convention. 

Article III. — This Agreement shall remain in 
force as long as the above-mentioned Convention; 
provided, however, that any contracting State, a 
party to the present Agreement, may denounce it on 
one year's notice given by it to the Government of the 
United States of America, which shall at once inform 
all other contracting States of such notice and 
withdrawal. 

Article IV. — Pending the coming into force of the 
above-mentioned Convention, all references to it 
herein, other than those contained in Article II, 
Section 2, and Article V, shall be deemed to be 
references to the Interim Agreement on International 
Civil Aviation drawn up at Chicago on December 
7, 1944; and references to the International Civil 
Aviation Organization, the Assembly, and the Council 
shall be deemed to be references to the Provisional 
International Civil Aviation Organization, the In- 
terim Assembly, and Interim Council, respectively. 

Article V. — For the purposes of this Agreement, 
"territory" shall be defined as in Article 2 of the 
above-mentioned Convention. 

Article VI. Signatures and Acceptances of Agree- 
ment. — The undersigned delegates to the Interna- 
tional Civil Aviation Conference, convened in Chi- 
cago on November 1, 1944, have affixed their signa- 
tures to this Agreement with the understanding that 
the Government of the United States of America shall 
be informed at the earliest possible date by each of 
the governments on whose behalf the Agreement has 
been signed whether signatures on its behalf shall 
constitute an acceptance of the Agreement by that 
government and an obligation binding upon it. 

Any State a member of the International Civil 
Aviation Organization may accept the present Agree- 



388 

ment as an obligation binding upon it by notification 
of its acceptance to the Government of the United 
States, and such acceptance shall become effective 
upon the date of the receipt of such notification by 
that Government. 

This Agreement shall come into force as between 
contracting States upon its acceptance by each of 
them. Thereafter it shall become binding as to each 
other State indicating its acceptance to the Govern- 
ment of the United States on the date of the receipt 
of the acceptance by that Government. The Gov- 
ernment of the United States shall inform all signa- 
tory and accepting States of the date of all accept- 
ances of the Agreement, and of the date on which it 
comes into force for each accepting State. 

In witness whereof, the undersigned, having been 
duly authorized, sign this Agreement on behalf of 
their respective governments on the dates appearing 
opposite their respective signatures. 

Done at Chicago the seventh day of December, 
1944, in the English language. A text drawn up 
in the English, French, and Spanish languages, each 
of which shall be of equal authenticity, shall be 
opened for signature at Washington, D. C. Both 
texts shall be deposited in the archives of the Govern- 
ment of the United States of America, and certified 
copies shall be transmitted by that Government to the 
governments of all the States which may sign and 
accept this Agreement. 

[Signatures omitted.] 

(29) International Air Transport Agreement, Chicago, 

7 December 1944' 

(Executive Agreement Series 488) 

The States which sign and accept this International 
Air Transport Agreement, being members of the 



389 

International Civil Aviation Organization, declare 
as follows: 

Article I. Section 1. — Each contracting State 
grants to the other contracting States the following 
freedoms of the air in respect of scheduled inter- 
national air services: 

(1) The privilege to fly across its territory without 
landing; 

(2) The privilege to land for non-traffic purposes; 

(3) The privilege to put down passengers, mail 
and cargo taken on in the territory of the State whose 
nationality the aircraft possesses; 

(4) The privilege to take on passengers, mail and 
cargo destined for the territory of the State whose 
nationality the aircraft possesses; 

(5) The privilege to take on passengers, mail and 
cargo destined for the territory of any other con- 
tracting State and the privilege to put down pas- 
sengers, mail and cargo coming from any such ter- 
ritory. 

With respect to the privileges specified under para- 
graphs (3), (4), and (5) of this section, the under- 
taking of each contracting State relates only to 
through services on a route constituting a reasonably 
direct line out from and back to the homeland of the 
State whose nationality the aircraft possesses. 

The privileges of this section shall not be applicable 
with respect to airports utilized for military purposes 
to the exclusion of any scheduled international air 
services. In areas of active hostilities or of military 
occupation, and in time of war along the supply 
routes leading to such areas, the exercise of such 
privileges shall be subject to the approval of the 
competent military authorities. 

Section 2. — The exercise of the foregoing privileges 
shall be in accordance with the provisions of the 
Interim Agreement on International Civil Aviation 



390 

and, when it comes into force, with the provisions of 
the Convention on International Civil Aviation, both 
drawn up at Chicago on December 7, 1944. 

Section 3. — A contracting State granting to the 
airlines of another contracting State the privilege to 
stop for non-traffic purposes may require such air- 
lines to offer reasonable commercial service at the 
points at which such stops are made. 

Such requirement shall not involve any discrimina- 
tion between airlines operating on the same route, 
shall take into account the capacity of the aircraft, 
and shall be exercised in such a manner as not to 
prejudice the normal operations of the international 
air services concerned or the rights and obligations 
of any contracting State. 

Section 4. — Each contracting State shall have the 
right to refuse permission to the aircraft of other 
contracting States to take on in its territory pas- 
sengers, mail and cargo carried for remuneration or 
hire and destined for another point within its ter- 
ritory. Each contracting State undertakes not to 
enter into any arrangements which specifically grant 
any such privilege on an exclusive basis to any other 
State or an airline of any other State, and not to 
obtain any such exclusive privilege from any other 
State. 

Section 5. — Each contracting State may, subject to 
the provisions of this Agreement, 

(1) Designate the route to be followed within its 
territory by any international air service and the 
airports which any such service may use; 

(2) Impose or permit to be imposed on any such 
service just and reasonable charges for the use of 
such airports and other facilities; these charges shall 
not be higher than would be paid for the use of such 
airports and facilities by its national aircraft en- 
gaged in similar international services: provided that, 



391 

upon representation by an interested contracting 
State, the charges imposed for the use of airports and 
other facilities shall be subject to review by the 
Council of the International Civil Aviation Organiza- 
tion established under the above-mentioned Con- 
vention, which shall report and make recommenda- 
tions thereon for the consideration of the State or 
States concerned. 

Section 6. — Each contracting State reserves the 
right to withhold or revoke a certificate or permit to 
an air transport enterprise of another State in any 
case where it is not satisfied that substantial owner- 
ship and effective control are vested in nationals of 
a contracting State, or in case of failure of such air 
transport enterprise to comply with the laws of the 
State over which it operates, or to perform its 
obligations under this Agreement. 

Article II. Section 1. — The contracting States 
accept this Agreement as abrogating all obligations 
and understandings between them which are incon- 
sistent with its terms, and undertake not to enter 
into any such obligations and understandings. A 
contracting State which has undertaken any other 
obligations inconsistent with this Agreement shall 
take immediate steps to procure its release from the 
obligations. If an airline of any contracting State 
has entered into any such inconsistent obligations, 
the State of which it is a national shall use its best 
efforts to secure their termination forthwith and 
shall in any event cause them to be terminated as 
soon as such action can lawfully be taken after the 
coming into force of this Agreement. 

Section 2. — Subject to the provisions of the pre- 
ceding section, any contracting State may make 
arrangements concerning international air services 
not inconsistent with this Agreement. Any such 
arrangement shall be forthwith registered with the 



392 

Council, which shall make it public as soon as 
possible. 

Article III. — Each contracting State undertakes 
that in the establishment and operation of through 
services due consideration shall be given to the 
interests of the other contracting States so as not to 
interfere unduly with their regional services or to 
hamper the development of their through services. 

Article IV. Section 1. — Any contracting State 
may by reservation attached to this Agreement at 
the time of signature or acceptance elect not to 
grant and receive the rights and obligations of Article 
I, Section 1, paragraph (5), and may at any time 
after acceptance, on six months' notice given by it 
to the Council, withdraw itself from such rights and 
obligations. Such contracting State may on six 
months' notice to the Council assume or resume, as 
the case may be, such rights and obligations. No 
contracting State shall be obliged to grant any 
rights under the said paragraph to any contracting 
State not bound thereby. 

Section 2. — A contracting State which deems that 
action by another contracting State under this 
Agreement is causing injustice or hardship to it, 
may request the Council to examine the situation. 
The Council shall thereupon inquire into the matter, 
and shall call the States concerned into consultation. 
Should such consultation fail to resolve the difficulty, 
the Council may make appropriate findings and 
recommendations to the contracting States con- 
cerned. If thereafter a contracting State concerned 
shall in the opinion of the Council unreasonably fail 
to take suitable corrective action, the Council may 
recommend to the Assembly of the above-men- 
tioned Organization that such contracting State be 
suspended from its rights and privileges under this 
Agreement until such action has been taken. The 



393 

Assembly by a two-thirds vote may so suspend such 
contracting State for such period of time as it may 
deem proper or until the Council shall find that 
corrective action has been taken by such State. 

Section 3. — If any disagreement between two or 
more contracting States relating to the interpreta- 
tion or application of this Agreement cannot be 
settled by negotiation, the provisions of Chapter 
XVIII of the above-mentioned Convention shall be 
applicable in the same manner as provided therein 
with reference to any disagreement relating to the 
interpretation or application of the above-mentioned 
Convention. 

Article V. — This Agreement shall remain in 
force as long as the above-mentioned Convention; 
provided, however, that any contracting State, a 
party to the present Agreement, may denounce it 
on one year's notice given by it. to the Government 
of the United States of America, which shall at once 
inform all other contracting States of such notice 
and withdrawal. 

Article VI. — Pending the coming into force of 
the above-mentioned Convention, all references to 
it herein other than those contained in Article IV, 
Section 3, and Article VII shall be deemed to be 
references to the Interim Agreement on International 
Civil Aviation drawn up at Chicago on December 
7, 1944; and references to the International Civil 
Aviation Organization, the Assembly, and the Coun- 
cil shall be deemed to be references to the Provisional 
International Civil Aviation Organization, the In- 
terim Assembly, and the Interim Council, respectively. 

Article VII. — For the purposes of this Agree- 
ment, "territory" shall be defined as in Article 2 of 
the above-mentioned Convention. 

Article VIII. Signatures and Acceptances of Agree- 
ment. — The undersigned delegates to the Interna- 



394 

tional Civil Aviation Conference, convened in Chicago 
on November 1, 1944, have affixed their signatures 
to this Agreement with the understanding that the 
Government of the United States of America shall 
be informed at the earliest possible date by each of 
the governments on whose behalf the Agreement 
has been signed whether signature on its behalf 
shall constitute an acceptance of the Agreement by 
that government and an obligation binding upon it. 

Any State a member of the International Civil 
Aviation Organization may accept the present Agree- 
ment as an obligation binding upon it by notification 
of its acceptance to the Government of the United 
States, and such acceptance shall become effective 
upon the date of the receipt of such notification by 
that Government. 

This Agreement shall come into force as between 
contracting States upon its acceptance by each of 
them. Thereafter it shall become binding as to 
each other State indicating its acceptance to the 
Government of the United States on the date of the 
receipt of the acceptance by that Government. 
The Government of the United States shall inform 
all signatory and accepting States of the date of all 
acceptances of the Agreement, and of the date on 
which it comes into force for each accepting State. 

In witness whereof, the undersigned, having been 
duly authorized, sign this Agreement on behalf of 
their respective governments on the dates appearing 
opposite their signatures. 

Done at Chicago the seventh day of December 
1944, in the English language. A text drawn up 
in the English, French, and Spanish languages, each 
of which shall be of equal authenticity, shall be 
opened for signature at Washington, D. C. Both 
texts shall be deposited in the archives of the Gov- 
ernment of the United States of America, and certified 



395 

copies shall be transmitted by that Government to 
the governments of all the States which may sign 
and accept this Agreement. 
[Signatures omitted.] 

(30) Air Services Agreement Between the United States 
and the United Kingdom, Bermuda, 11 February 
1946 

(Treaties and Other International Acts Series 1507) 

The Government of the United States of Amer- 
ica and the Government of the United King- 
dom of Great Britain and Northern Ireland, 

Desiring to conclude an Agreement for the purpose 
of promoting direct air communications as soon 
as possible between their respective territories, 

Have accordingly appointed authorised represen- 
tatives for this purpose, who have agreed as follows : — 

Article 1. — Each Contracting Party grants to the 
other Contracting Party rights to the extent de- 
scribed in the Annex to this Agreement for the 
purpose of the establishment of air services described 
therein or as amended in accordance with Section 
IV of the Annex (hereinafter referred to as "the 
agreed services"). 

Article 2. — (1) The agreed services may be 
inaugurated immediately or at a later date at the 
option of the Contracting Party to whom the rights 
are granted, but not before (a) the Contracting Party 
to whom the rights have been granted has designated 
an air carrier or carriers for the specified route or 
routes, and (b) the Contracting Party granting the 
rights has given the appropriate operating permission 
to the air carrier or carriers concerned (which, sub- 
ject to the provisions of paragraph (2) of this Article 
and of Article 6, it shall do without undue delay). 

(2) The designated air carrier or carriers may be 

777534—48 26 



396 

required to satisfy the aeronautical authorities of the 
Contracting Party granting the rights that it or they 
is or are qualified to fulfil the conditions prescribed 
by or under the laws and regulations normally ap- 
plied by those authorities to the operations of com- 
mercial air carriers. 

(3) In areas of military occupation, or in areas 
affected thereby, such inauguration will continue to 
be subject, where necessary, to the approval of the 
competent military authorities. 

Article 3. — (1) The charges which either of the 
Contracting Parties may impose, or permit to be 
imposed, on the designated air carrier or carriers of 
the other Contracting Party for the use of airports 
and other facilities shall not be higher than would be 
paid for the use of such airports and facilities by its 
national aircraft engaged in similar international air 
services. 

(2) Fuel, lubricating oils and spare parts intro- 
duced into, or taken on board aircraft in, the terri- 
tory of one Contracting Party by, or on behalf of, a 
designated air carrier of the other Contracting Party 
and intended solely for use by the aircraft of such 
carrier shall be accorded, with respect to customs 
duties, inspection fees or other charges imposed by 
the former Contracting Party, treatment not less 
favourable than that granted to national air carriers 
engaged in international air services or such carriers 
of the most favoured nation. 

(3) Supplies of fuel, lubricating oils, spare parts, 
regular equipment and aircraft stores retained on 
board aircraft of a designated air carrier of one Con- 
tracting Party shall be exempt in the territory of the 
other Contracting Party from customs duties, inspec- 
tion fees or similar duties or charges, even though 
such supplies be used by such aircraft on flights 
within that territory. 



397 

Article 4. — Certificates of airworthiness, certifi- 
cates of competency and licenses issued or rendered 
valid by one Contracting Party and still in force 
shall be recognised as valid by the other Contracting 
Party for the purpose of operation of the agreed serv- 
ices. Each Contracting Party reserves the right, 
however, to refuse to recognise for the purpose of 
flight above its own territory, certificates of com- 
petency and licenses granted to its own nationals by 
another state. 

Article 5. — (1) The laws and regulations of one 
Contracting Party relating to entry into or depar- 
ture from its territory of aircraft engaged in inter- 
national air navigation or to the operation and navi- 
gation of such aircraft while within its territory shall 
apply to aircraft of the designated air carrier or 
carriers of the other Contracting Party. 

(2) The laws and regulations of one Contracting 
Party relating to the entry into or departure from 
its territory of passengers, crew, or cargo of aircraft 
(such as regulations relating to entry, clearance, im- 
migration, passports, customs and quarantine) shall 
be applicable to the passengers, crew or cargo of the 
aircraft of the designated air carrier or carriers of 
the other Contracting Party while in the territory of 
the first Contracting Party. 

Article 6. — Each Contracting Party reserves the 
right to withhold or revoke the exercise of the rights 
specified in the Annex to this Agreement by a carrier 
designated by the other Contracting Party in the 
event that it is not satisfied that substantial owner- 
ship and effective control of such carrier are vested 
in nationals of either Contracting Party, or in case 
of failure by that carrier to comply with the laws 
and regulations referred to in Article 5 hereof, or 



398 

otherwise to fulfill the conditions under which the 
rights are granted in accordance with this Agreement 
and its Annex. 

Article 7. — This Agreement shall be registered 
with the Provisional International Civil Aviation 
Organisation set up by the Interim Agreement on 
International Civil Aviation signed at Chicago on 
December 7, 1944. 

Article 8. — Except as otherwise provided in this 
Agreement or its Annex, if either of the Contracting 
Parties considers it desirable to modify the terms of 
the Annex to this Agreement, it may request con- 
sultation between the aeronautical authorities of both 
Contracting Parties, such consultation to begin 
within a period of sixty days from the date of the 
request. When these authorities agree on modifica- 
tions to the Annex, these modifications will come into 
effect when they have been confirmed by an Exchange 
of Notes through the diplomatic channel. 

Article 9. — Except as otherwise provided in this 
Agreement or in its Annex, any dispute between the 
Contracting Parties relating to the interpretation or 
application of this Agreement or its Annex which 
cannot be settled through consultation shall be re- 
ferred for an advisory report to the Interim Council 
of the Provisional International Civil Aviation Or- 
ganisation (in accordance with the provisions of 
Article III Section 6 (8) of the Interim Agreement 
on International Civil Aviation signed at Chicago 
on December 7, 1944) or its successor. 

Article 10. — The terms and conditions of oper- 
ating rights which may have been granted previously 
by either Contracting Party to the other Contracting 
Party or to an air carrier of such other Contracting 
Party shall not be abrogated by the present Agree- 



399 

ment. Except as may be modified by the present 
Agreement, the general principles of the air naviga- 
tion arrangement between the two Contracting Par- 
ties, which was effected by an Exchange of Notes 
dated March 28 and April 5, 1935, shall continue in 
force in so far as they are applicable to scheduled 
international air services, until otherwise agreed by 
the Contracting Parties. 

Article 11. — If a general multilateral air Con- 
vention enters into force in relation to both Contract- 
ing Parties, the present Agreement shall be amended 
so as to conform with the provisions of such Conven- 
tion. 

Article 12. — For the purposes of this Agreement 
and its Annex, unless the context otherwise requires: 

(a) The term "aeronautical authorities" shall 
mean, in the case of the United States, the Civil 
Aeronautics Board and any person or body authorised 
to perform the functions presently exercised by the 
Board or similar functions, and, in the case of the 
United Kingdom, the Minister of Civil Aviation for 
the time being, and any person or body authorised to 
perform any functions presently exercised by the 
said Minister or similar functions. 

(b) The term "designated air carriers" shall mean 
the air transport enterprises which the aeronautical 
authorities of one of the Contracting Parties have 
notified in writing to the aeronautical authorities 
of the other Contracting Party as the air carriers 
designated by it in accordance with Article 2 of this 
Agreement for the routes specified in such notifica- 
tion. 

(c) The term "territory" shall have the meaning 
assigned to it by Article 2 of the Convention on Inter- 



400 

national Civil Aviation signed at Chicago on De- 
cember 7, 1944.? 

(d) The definitions contained in paragraphs (a), 
(b) and (d) of Article 96 of the Convention on Inter- 
national Civil Aviation signed at Chicago on Decem- 
ber 7, 1944 shall apply. 

Article 13. — Either Contracting Party may at 
any time request consultation with the other with a 
view to initiating any amendments of this Agree- 
ment or its Annex which may be desirable in the 
light of experience. Pending the outcome of such 
consultation, it shall be open to either Party at any 
time to give notice to the other of its desire to ter- 
minate this Agreement. Such notice shall be simul- 
taneously communicated to the Provisional Inter- 
national Civil Aviation Organisation or its successor. 
If such notice is given, this Agreement shall terminate 
twelve calendar months after the date of receipt of 
the notice by the other Contracting Party, unless the 
notice to terminate is withdrawn by agreement before 
the expiry of this period. In the absence of acknowl- 
edgment of receipt by the other Contracting Party 
notice shall be deemed to have been received fourteen 
days after the receipt of the notice by the Provisional 
International Civil Aviation Organisation or its 
successor. 

Article 14. — This Agreement, including the pro- 
visions of the Annex hereto, will come into force on 
the day it is signed. 

In witness whereof the undersigned, being duly 
authorised thereto by their respective Governments,, 
have signed the present Agreement. 

Done in duplicate this eleventh day of February 
Nineteen-hundred-and-forty-six at Bermuda. 
[Signatures omitted.] 



401 

ANNEX 



For the purposes of operating air services on the 
routes specified below in Section III of this Annex 
or as amended in accordance with Section IV hereof, 
the designated air carriers of one of the Contracting 
Parties shall be accorded in the territory of the other 
Contracting Party the use on the said routes at each 
of the places specified therein of all the airports 
(being airports designated for international air serv- 
ices), together with ancillary facilities and rights of 
transit, of stops for non-traffic purposes and of com- 
mercial entry and departure for international traffic 
in passengers, cargo and mail in full accord and 
compliance with the principles recited and agreed in 
the Final Act of the Conference on Civil Aviation 
held between the Governments of the United States 
and of the United Kingdom at Bermuda from Jan- 
uary 15 to February 11, 1946, and subject to the 
provisions of Sections II and V of this Annex. 

II 

(a) Rates to be charged by the air carriers of either 
Contracting Party between points in the territory of 
the United States and points in the territory of the 
United Kingdom referred to in this Annex shall be 
subject to the approval of the Contracting Parties 
within their respective constitutional powers and 
obligations. In the event of disagreement the matter 
in dispute shall be handled as provided below. 

(b) The Civil Aeronautics Board of the United 
States having announced its intention to approve the 
rate conference machinery of the International Air 
Transport Association (hereinafter called "IATA"), 
as submitted, for a period of one year beginning in 
February, 1946, any rate agreements concluded 



402 

through this machinery during this period and in- 
volving United States air carriers will be subject to 
approval by the Board. 

(c) Any new rate proposed by the air carrier or 
carriers of either Contracting Party shall be filed 
with the aeronautical authorities of both Contract- 
ing Parties at least thirty days before the proposed 
date of introduction; provided that this period of 
thirty days may be reduced in particular cases if so 
agreed by the aeronautical authorities of both 
Contracting Parties. 

(d) The Contracting Parties hereby agree that 
where : 

(1) during the period of the Board's approval 
of the IATA rate conference machinery, either 
any specific rate agreement is not approved 
within a reasonable time by either Contracting 
Party or a conference of IATA is unable to 
agree on a rate, or 

(2) at any time no IATA machinery is ap- 
plicable, or 

(3) either Contracting Party at any time 
withdraws or fails to renew its approval of that 
part of the IATA rate conference machinery 
relevant to this provision, 

the procedure described in paragraphs (e), (f) and 
(g) hereof shall apply. 

(e) In the event that power is conferred by law 
upon the aeronautical authorities of the United States 
to fix fair and economic rates for the transport of 
persons and property by air on international services 
and to suspend proposed rates in a manner compa- 
rable to that in which the Civil Aeronautics Board at 
present is empowered to act with respect to such rates 
for the transport of persons and property by air 
within the United States, each of the Contracting 



403 

Parties shall thereafter exercise its authority in such 
manner as to prevent any rate or rates proposed by 
one of its carriers for services from the territory of 
one Contracting Party to a point or points in the 
territory of the other Contracting Party from be- 
coming effective, if, in the judgment of the aero- 
nautical authorities of the Contracting Party whose 
air carrier or carriers is or are proposing such rate, 
that rate is unfair or uneconomic. If one of the 
Contracting Parties on receipt of the notification 
referred to in paragraph (c) above is dissatisfied with 
the new rate proposed by the air carrier or carriers 
of the other Contracting Party, it shall so notify the 
other Contracting Party prior to the expiry of the 
first fifteen of the thirty days referred to, and the 
Contracting Parties shall endeavour to reach agree- 
ment on the appropriate rate. In the event that 
such agreement is reached each Contracting Party 
will exercise its statutory powers to give effect to 
such agreement. If agreement has not been reached 
at the end of the thirty day period referred to in 
paragraph (c) above, the proposed rate may, unless 
the aeronautical authorities of the country of the 
air carrier concerned see fit to suspend its operation, 
go into effect provisionally pending the settlement of 
any dispute in accordance with the procedure out- 
lined in paragraph (g) below. 

(/) Prior to the time when such power may be 
conferred by law upon the aeronautical authorities 
of the United States, if one of the Contracting Parties 
is dissatisfied with any new rate proposed by the air 
carrier or carriers of either Contracting Party for 
services from the territory of one Contracting Party 
to a point or points in the territory of the other 
Contracting Party, it shall so notify the other prior 
to the expiry of the first fifteen of the thirty day 
period referred to in paragraph (c) above, and the 



404 

Contracting Parties shall endeavour to reach agree- 
ment on the appropriate rate. In the event that 
such agreement is reached each Contracting Party 
will use its best efforts to cause such agreed rate to 
be put into effect by its air carrier or carriers. It is 
recognised that if no such agreement can be reached 
prior to the expiry of such thirty days, the Contract- 
ing Party raising the objection to the rate may take 
such steps as it may consider necessary to prevent 
the inauguration or continuation of the service in 
question at the rate complained of. 

(g) When in any case under paragraphs (e) and (f) 
above the aeronautical authorities of the two Con- 
tracting Parties cannot agree within a reasonable 
time upon the appropriate rate after consultation 
initiated by the complaint of one Contracting Party 
concerning the proposed rate or an existing rate of the 
air carrier or carriers of the other Contracting Party, 
upon the request of either, both Contracting Parties 
shall submit the question to the Provisional Interna- 
tional Civil Aviation Organisation or to its successor 
for an advisory report, and each Party will use its 
best efforts under the powers available to it to put 
into effect the opinion expressed in such report. 

(A) The rates to be agreed in accordance with the 
above paragraphs shall be fixed at reasonable levels, 
due regard being paid to all relevant factors, such 
as cost of operation, reasonable profit and the rates 
charged by any other air carriers. 

(J) The Executive Branch of the Government of the 
United States agrees to use its best efforts to secure 
legislation empowering the aeronautical authorities 
of the United States to fix fair and economic 
rates for the transport of persons and property by 
air on international services and to suspend proposed 
rates in a manner comparable to that in which the 



405 

Civil Aeronautics Board at present is empowered 
to act with respect to such rates for the transport of 
persons and property by air within the United States. 

Ill 

(a) Routes To Be Served by Air Carriers 
of the United Kingdom 

[Enumeration of routes omitted.] 



(b) Routes To Be Served by Air Carriers 
of the United States 

[Enumeration of routes omitted.l 



IV 

(a) Amendments made by either Contracting Party 
to the routes described in Section III of this Annex 
which change the points served in the territory of the 
other Contracting Party will be made only after 
consultation in accordance with the provisions of 
Article 8 of this Agreement. 

(b) Other route changes desired by either Con- 
tracting Party may be made and put into effect at 
any time, prompt notice to that effect being given 
by the aeronautical authorities of the Contracting 
Party concerned to the aeronautical authorities of 
the other Contracting Party. If such other Con- 
tracting Party finds that, having regard to the princi- 
ples set forth in paragraph (6) of the Final Act of 
the Conference referred to in Section I of this Annex, 
the interests of its air carrier or carriers are preju- 
diced by the carriage by the air carrier or carriers 
of the first Contracting Party of traffic between the 
territory of the second Contracting Party and the 
new point in the territory of a third country it shall 
:so inform the first Contracting Party. If agreement 



406 

cannot be reached by consultation between the Con- 
tracting Parties, it shall be open to the Contracting 
Party whose air carrier or carriers is or are affected 
to invoke the provisions of Article 9 of this Agree- 
ment. 

(c) The Contracting Parties will, as soon as pos- 
sible after the execution of this Agreement and from 
time to time thereafter, exchange information con- 
cerning the authorisations extended to their respec- 
tive designated air carriers to render service to, 
through and from the territory of the other Con- 
tracting Party. This will include copies of current 
certificates and authorisations for service on the 
routes which are the subject of this Agreement, and 
for the future such new certificates and authorisa- 
tions as may be issued, together with amendments, 
exemption orders and authorised service patterns. 

V 

(a) Where the onward carriage of traffic by an 
aircraft of different size from that employed on the 
earlier stage of the same route (hereinafter referred 
to as "change of gauge") is justified by reason of 
economy of operation, such change of gauge at a 
point in the territory of the United Kingdom or the 
territory of the United States shall not be made in 
violation of the principles set forth in the Final Act 
of the Conference on Civil Aviation held at Bermuda 
from January IS to February 11, 1946 and, in par- 
ticular, shall be subject to there being an adequate 
volume of through traffic. 

(b) Where a change of gauge is made at a point 
in the territory of the United Kingdom or in the 
territory of the United States, the smaller aircraft 
will operate only in connection with the larger air- 
craft arriving at the point of change, so as to provide 



407 

a connecting service which will thus normally wait 
on the arrival of the larger aircraft, for the primary 
purpose of carrying onward those passengers who 
have travelled to United Kingdom or United States 
territory in the larger aircraft to their ultimate 
destination in the smaller aircraft. Where there are 
vacancies in the smaller aircraft such vacancies may 
be filled with passengers from United Kingdom or 
United States.territory respectively. It is understood 
however that the capacity of the smaller aircraft 
shall be determined with primary reference to the 
traffic travelling in the larger aircraft normally requir- 
ing to be carried onward. 

(c) It is agreed that the arrangements under any 
part of the preceding paragraphs (a) and (b) shall 
be governed by and in no way restrictive of the 
standards set forth in paragraph (6) of the Final Act. 

Resolution Adopted at the Bermuda 
Conference, 11 February 1946 

[The following resolution was adopted as part of the 
Final Act of the Conference:] 

Whereas representatives of the two Governments 
have met together in Bermuda to discuss Civil Avia- 
tion matters outstanding between them and have 
reached agreement thereon, 

Whereas the two Governments have to-day con- 
cluded an Agreement relating to air services between 
their respective territories (hereinafter called "the 
Agreement"), 

And whereas the two Governments have reached 
agreement on the procedure to be followed in the 
settlement of other matters in the field of Civil 
Aviation, 



408 

Now therefore the representatives of the two Gov- 
ernments in Conference resolve and agree as 
follows : — 

(1) That the two Governments desire to foster and 
encourage the widest possible distribution of the 
benefits of air travel for the general good of mankind 
at the cheapest rates consistent with sound economic 
principles; and to stimulate international air travel 
as a means of promoting friendly understanding and 
good will among peoples and ensuring as well the 
many indirect benefits of this new form of transpor- 
tation to the common welfare of both countries. 

(2) That the two Governments reaffirm their ad- 
herence to the principles and purposes set out in the 
preamble to the Convention on International Civil 
Aviation signed at Chicago on the 7th December, 
1944. 

(3) That the air transport facilities available to 
the travelling public should bear a close relationship 
to the requirements of the public for such transport. 

(4) That there shall be a fair and equal oppor- 
tunity for the carriers of the two nations to operate 
on any route between their respective territories (as 
defined in the Agreement) covered by the Agreement 
and its Annex. 

(5) That, in the operation by the air carriers of 
either Government of the trunk services described 
in the Annex to the Agreement, the interest of the 
air carriers of the other Government shall be taken 
into consideration so as not to affect unduly the 
services which the latter provides on all or part of the 
same routes. 

(6) That it is the understanding of both Govern- 
ments that services provided by a designated air 
carrier under the Agreement and its Annex shall 
retain as their primary objective the provision of 
capacity adequate to the traffic demands between 



409 

the country of which such air carrier is a national 
and the country of ultimate destination of the 
traffic. The right to embark or disembark on such 
services international traffic destined for and coming 
from third countries at a point or points on the routes 
specified in the Annex to the Agreement shall be 
applied in accordance with the general principles of 
orderly development to which both Governments 
subscribe and shall be subject to the general principle 
that capacity should be related: 

(a) to traffic requirements between the country 
of origin and the countries of destination; 

(b) to the requirements of through airline opera- 
tion; and 

(c) to the traffic requirements of the area through 
which the airline passes after taking account of 
local and regional services. 

(7) That, in so far as the air carrier or carriers of one 
Government may be temporarily prevented through 
difficulties arising from the War from taking immedi- 
ate advantage of the opportunity referred to in para- 
graph (4) above, the situation shall be reviewed between 
the Governments with the object of facilitating the 
necessary development, as soon as the air carrier 
or carriers of the first Government is or are in a 
position increasingly to make their proper contribu- 
tion to the service. 

(8) That duly authorised United States civil air 
carriers will enjoy non-discriminatory "Two Free- 
dom" privileges and the exercise (in accordance with 
the Agreement or any continuing or subsequent 
agreement) of commercial traffic rights at airports 
located in territory of the United Kingdom which 
have been constructed in whole or in part with 
United States funds and are designated for use by 
international civil air carriers. 



410 

(9) That it is the intention of both Governments 
that there should be regular and frequent consulta- 
tion between their respective aeronautical authorities 
(as defined in the Agreement) and that there should 
thereby be close collaboration in the observance of 
the principles and the implementation of the provi- 
sions outlined herein and in the Agreement and its 
Annex. . . . 

O